UC-NRLF 


20   715 


THE 


SCHOOL  LAW 


OF 


WEST  VIRGINIA 


1903 


ISSUED  BY  THE 
DEPARTMENT  OF  FREE  SCHOOLS 


GIFT   OF 


THE 


SCHOOL  LAW 


WEST   VIRGINIA 


AND 


Opinions    of  the    Attorney-General  and    Decisions  of  the  State 
Superintendent  of  Free  Schools 


WITH    EXPLANATIONS    AND    FORMS 


REVISED  AND  ARRANGED  BY 

THOS.   C.    MILLER, 
STATE  SUPERINTENDENT  OF  FREE  SCHOOLS 


CHARLESTON  : 
THE  TRIBUNE  PRINTING  COMPANY, 


K 


CONSTITUTIONAL  PROVISIONS 

RELATING  TO  THE 

SCHOOL  SYSTEM   OF  WEST  VIRGINIA 


ARTICLE  IV 


5.  Every  person  elected  or  appointed  to  any  office,  Oath  of  office< 
before  proceeding  to  exercise  the  authority,  or  discharge 

the  duties  thereof,  shall  make  oath  or  affirmation  that  he 
will  support  the  Constitution  of  the  United  States  and 
the  Constitution  of  this  State,  and  that  he  will  faithfully 
discharge  the  duties  of  his  said  office  to  the  best  of  his 
skill  and  judgment;  and  no  other  oath,  declaration,  or 
test  shall  be  required  as  a  qualification,  unless  herein 
otherwise  provided. 

6.  All  officers  elected  or  appointed  under  this  Consti-  Removal 
tution,  may,  unless  in  cases  herein  otherwise  provided  fl 

for,  be  removed  from  office  for  official  misconduct, 
incompetence,  neglect  or  duty,  or  gross  immorality,  in 
such  manner  as  may  be  prescribed  by  general  laws,  and 
unless  so  removed,  they  shall  continue  to  discharge  the 
duties  of  their  respective  offices,  until  their  successors 
are  elected,  or  appointed  and  qualified. 


8.     The  Legislature,  in  cases  not  provided  for  in  this 
Constitution,  shall  prescribe  by  general  laws,  the  terms  terms  of 
of  office,  powers,  duties  and  compensation  of  all  public  of 
officers  and  agents,  and  the  manner  in  which  they  shall 
be  elected,  appointed  and  removed. 

ARTICLE  VIII 

27.     Each  county  shall  be  laid  off  into  districts,  not  Districts. 
less  than  three  nor  more  than  ten  in  number,  and  as 
nearly  equal  as  may  be  .in    territory    and    population 


381656 


VIRGINIA 
ARTICLE  IX 


County 

Se?tcto8indict- 
ment. 


4.  The  Presidents  of  the  County  Courts,  the  Justices 
°^  t^ie  Peace>  Sheriffs,  Prosecuting  Attorneys,  Clerks  of 
the  Circuit  and  of  the  County  Courts,  and  all  other 
county  officers,  shall  be  subject  to  indictment  for  mal- 
feasance, misfeasance,  or  neglect  of  official  duty,  and  on 
conviction  thereof,  their  offices  shall  become  vacant. 

I.  I  am  inclined  to  the  opinion  that  the  words  "all  other  county 
officers,"  as  used  in  this  section,  include  members  of  boards  of  educa- 
tion, although  they  are  elected  in  districts.  This  is  by  no  means 
clear,  however.  This  section  is  in  force  ex  proprio  vigore  and  needs 
no  additional  legislation.  —  Alfred  Caldwell,  Attorney-General. 

ARTICLE  X 


Capitation 
tax. 


2.  The  Legislature  shall  levy  an  annual  capitation  tax 
of  one  dollar  upon  each  male  inhabitant  of  the  State 
who  has  attained  the  age  of  twenty-one  years,  which 
shall  be  annually  appropriated  to  the  support  of  Free 
Schools.  Persons  afflicted  with  bodily  infirmity  may  be 
exempted  from  this  tax. 


S?atSre>toJeg"     ^m     ^he  Power  °^  taxation  of  the  Legislature  shall 
levy.  extend  to  provisions  for  the  payment  of  the  State  debt, 

and  interest  thereon,  the  support  of  free  schools,  and 
the  payment  of  the  annual  estimated  expenses  of  the 
State;  but  whenever  any  deficiency  in  the  revenue  shall 
exist  in  any  year,  it  shall,  at  the  regular  session  thereof 
held  next  after  the  deficiency  occurs,  levy  a  tax  for  the 
ensuing  year,  sufficient  with  the  other  sources  of  income, 
to  meet  such  deficiency,  as  well  as  the  estimated  expenses 
of  such  year. 


noTtoyexceed  '  ^'    County  authorities  shall  never  assess  taxes,  in  any 
etc.  one  year,  the  aggregate  of  which  shall  exceed  ninety- 

five  cents  per  hundred  dollars  valuation,  except  for  the 
support  of  free  schools;  payment  of  indebtedness  exist- 
ing at  the  time  of  the  adoption  of  this  Constitution ;  and 
for  the  payment  of  any  indebtedness  with  the  interest 
thereon,  created  under  the  succeeding  section,  unless 
such  assessment,  with  all  questions  involving  the  in- 
crease of  such  aggregate,  shall  have  been  submitted  to 
the  vote  of  the  people  of  the  county,  and  have  received 
three-fifths  of  all  the  votes  cast  for  and  against  it. 

See  Brannon  vs.  County  Court,   33  W.  Va.,  p.   789,  construing  this 
section. 


SCHOOL  LAW  OF  WEST  VIRGINIA  5 


8.  No  county,  city,  school  district,  or  municipal  cor- 
poration,  except  in  cases  where  such  corporations  have 
already  authorized  their  bonds  to  be  issued,  shall  here- 
after be  allowed  to  become  indebted,  in  any  manner,  or 
for  any  purpose,  to  an  amount,  including  existing  in- 
debtedness in  the  aggregate,  exceeding  five  per  centum 
on  the  value  of  the  taxable  property  therein  to  be  ascer- 
tained by  the  last  assessment  for  State  and  county  taxes, 
previous  to  the  incurring  of  such  indebtedness  ;  nor  with- 
out, at  the  same  time  providing  for  the  collection  of  a 
direct  annual  tax,  sufficient  to  pay,  annually,  the  interest 
on  such  debt,  and  the  principal  thereof,  within,  and  not 
exceeding  thirty-four  years;  Provided,  That  no  debt  NO  debt  ex- 

.,'.  ,.  ceptbyvote 

shall  be  contracted  under  this  section,  unless  all  ques-  of  people. 
tions  connected  with  the  same,  shall  have  been  first  sub- 
mitted to  a  vote  of  the  people,  and  received  three-fifths 
of  all  the  votes  cast  for  and  against  the  same. 

ARTICLE  XII 

1.  The  Legislature  shall  provide  by  general  law,  for 
a  thorough  and  efficient  system  of  Free  Schools. 

See  4  W.  Va.,  p.  499. 

2.  The  State  Superintendent  of  Free  Schools  shall  General 
have  a  general  supervision  of  free  schools,  and  perform  8uper 
such   other   duties  in   relation    thereto  as   may  be   pre- 
scribed by  law.    If  in  the  performance  of  any  such  duty 
imposed  upon  him  by  the  Legislature,  he  shall  incur  any 
expenses,    he   shall   be   reimbursed   therefor;    Provided, 

The  amount  does  not  exceed  five  hundred  dollars  in  any 
one  year. 

3.  The  Legislature  may  provide  for  county  superin-  county  super- 
tendents,  and  such  other  officers  as  may  be  necessary  to 

carry  out  the  objects  of  this  Article,  and  define  their 
duties,  powers  and  compensation. 

4.  The  existing  permanent  and  invested  school  fund,  school  fund. 
and  all  money  accruing  to  this  State  from  forfeited,  de- 
linquent,  waste   and   unappropriated   lands;    and   from 

lands  heretofore  sold  for  taxes  and  purchased  by  the 
State  of  Virginia,  if  hereafter  redeemed  or  sold  fo  others 
than  this  State  ;  all  grants,  devises  or  bequests  that  may 
be  made  to  this  State  for  the  purposes  of  education  or 
where  the  purposes  of  such  grants,  "  devises  or  bequests 
are  not  specified;  this  State's  just  share  of  the  literary 
fund  of  Virginia,  whether  paid  over  or  otherwise  liqui- 
dated; and  any  sums  of  money,  stocks,  or  property, 
which  this  State  shall  have  the  right  to  claim  from  the 
State  of  Virginia  for  educational  purposes  ;  the  proceeds 


6  SCHOOL  LAW  OF  WEST  VIRGINIA 

of  the  estates  of  persons  who  may  die  without  leaving  a 
will  or  heir,  and  of  all  escheated  lands;  the  proceeds  of 
any  taxes  that  may  be  levied  on  the  revenues  of  any  cor- 
poration; all  moneys  that  may  be  paid  as  an  equivalent 
for  exemption  from  military  duty;  and  such  sums  as 
may.,  from  time  to  time,  be  appropriated  by  the  Legis- 
lature for  the  purpose,  shall  be  set  apart  as  a  separate 
fund  to  be  called  the  "School  Fund,"  and  invested  un- 
der such  regulation  as  may  be  prescribed  by  law,  in  the 
interest  bearing  securities  of  the  United  States,  or  of 
this  State,  or  if  such  interest  bearing  securities  cannot 

school  Fundebe  obtained,  then  said  "School  Fund"  shall  be  invested 
in  such  other  solvent  interest  bearing  securities  as  shall 
be  approved  by  the  Governor,  Superintendent  of  Free 
Schools,  Auditor  and  Treasurer,  who  are  hereby  consti- 
tuted the  "Board  of  the  School  Fund,"  to  manage  the 
same  under  such  regulations  as  may  be  prescribed  by 
law;  and  the  interest  thereof  shall  be  annually  applied 
to  the  support  of  Free  Schools  throughout  the  Sta.te, 
and  to  no  other  purpose  whatever.  But  any  portion  of 
said  interest  remaining  unexpended  at  the  close  of  the 
fiscal  year  shall  be  added  to,  and  remain  a  part  of,  the 
capital  of  the  "School  Fund";  Provided,  That  all  taxes 
which  shall  be  received  by  the  State  upon  delinquent 
lands,  except  the  taxes  due  to  the  State  thereon,  shall  be 
refunded  to  the  county,  or  district  by  or  for  which  the 
same  were  levied. 

gie  ^'  ^e  Legislature  shall  provide  for  the  support  of  free 
schools,  by  appropriating  thereto  the  interest  of  the 
invested  "School  Fund,"  the  net  proceeds  of  all  forfeit- 
ures and  fines  accruing  to  this  State  under  the  laws 
thereof;  the  State  capitation  tax;  and  by  general  taxa- 
tion of  persons  and  property,  or  otherwise.  It  shall  also 
provide  for  raising,  in  each  county  or  district,  by  the 
authority  of  the  people  thereof,  such  a  proportion  of 
the  amount  required  for  the  support  of  Free  Schools 
therein  as  shall  be  prescribed  by  general  laws. 

6.     The  school  districts  into  which  any  county  is  now 
divided  shall  continue  until  changed  in  pursuance  of 
law. 
toe        7.    All  levies  that  may  be  laid  by  any  county  or  clis- 

cierkof  trict  for  the  purpose  of  free  schools  shall  be  reported 
^td  the  Clerk  of  the  County  Court,  and  shall,  under  such 
regulations  as  may  be  prescribed  by  law,  be  collected 
by  the  Sheriff,  or  other  collector,  who  shall  make  an- 
nual settlement  with  the  County  Court;  which  settle- 
ments shall  be  made  a  matter  of  record  by  the  Clerk 
thereof,  in  a  book  to  be  kept  for  that  purpose. 


SCHOOL  LAW  OF  WEST  VIRGINIA  7 

8.  White  and  colored  persons  shall  not  be  taught  in 
the  same  school. 

9.  No  person  connected  with  the  free  school  system  school  officers 
of  the  State,  or  with  any  educational  institution  of  any  interested  in 
name  or  grade,  under  State  control,  shall  be  interested  8ale 

in  the  sale,  proceeds  or  profits  of  any  book  or  other 
thing  used,  or  to  be  used  therein,  under  such  penalties 
as  may  be  prescribed  by  law;  Provided,  That  nothing 
herein  shall  be  construed  to  apply  to  any  work  written 
or  thing  invented  by  such  person. 

10.  No  independent  Free  School  district,  or  organiza- 
tion  shall  hereafter  be  created,  except  with  the  consent 
of  the  school  district  or  districts  out  of  which  the  same 
is  to  be  created,  expressed  by  a  majority  of  the  voters 
voting  on  the  question. 

11.  No  appropriation  shall  hereafter  be  made  to  any 
State  Normal  School,  or  branch  thereof,  except  to  those 
already  established,  and  in  operation,  or  now  chartered. 

12.  The  Legislature  shall  foster  and  encourage  moral,  JjJ;§}jJratUe  im° 
intellectual,  scientific  and  agricultural  improvement ;  it  provements. 
shall,  whenever  it  may    be    practicable,    make  suitable 
provision  for  the  blind,  mute  and  insane,  and  for  the 
organization  of  such  institutions  of  learning  as  the  best 
interests  of  general  education  in  the  State  may  demand. 


SCHOOL  LAW  OF  WEST  VIRGINIA 


THE  SCHOOL  LAW 


CHAPTER  XLV 

Education 

1.    Every  magisterial  district  in  each  of  the  counties 
of  the  State  shall  be  a  school  district,  and  the  same  shall 
be  divided  into  such  number  of  sub-districts  as  may  be 
necessary    for    the    convenience    of    the    free    schools 
therein.     The  present  districts  and  sub-districts    shall 
remain  until  changed  in  the  manner  prescribed  by  law. 
ELectiongof         2.     A  county  superintendent  of  free  schools  in  each 
perintendent.  county  shall  be  elected  by  the  voters  thereof,   at  the 
Ece-  general  election  held  on  the  Tuesday  after  the  first  Mon- 
day in  November,  1894,  and  every  four  years  thereafter, 
whose  term  of  office  shall  commence  on  the  first  day  of 
July  next  after  his  election  and  continue  for  four  years 
and  until  his  successor  shall  be  elected  and  qualified  ac- 
cording to  law. 

Election  of  There  shall  also  be  elected  at  said  election,  in  each 
SmmiSion^  District  of  the  county,  by. the  voters  thereof,  and  every 
office.Term  off°ur  years  thereafter,  a  president  of  the  board  of  educa- 
tion, whose  term  of  office  shall  commence  on  the  first 
day  of  July  next  after  his  election,  and  continue  for  four 
years,  and  until  his  successor  is  elected,  and  qualified 
according  to  law.  There  shall  also  be  elected  at  the 
same  time  in  each  district  in  the  county  by  the  voters 
thereof,  one  commissioner  at  the  general  election  held 
on  the  Tuesday  after  the  first  Monday  in  November, 
1894,  a  successor  to  the  commissioner  elected  in  May, 
1891,  and  every  two  years  thereafter  one  commissioner, 
whose  term  of  office  shall  commence  on  the  first  day  of 
July  next  after  their  election,  and  continue  for  four 
years,  and  until  their  successors  are  elected  and  qualified 
according  to  law. 

?atk>n°4hou"     T^e  saic*  President  and  commissioners  shall  constitute 

constitute,      the  board  of  education  in  the  district  in  which  they  are 

elected.     No  person  shall  be  eligible  to  more  than  one 

office  under  the  provisions  of  this  chapter  at  the  same 


SCHOOL  LAW  OF  WEST  VIRGINIA 

time.  The  county  superintendent  of  free  schools  shall, 
immediately  upon  receiving  the  certificate  of  election 
from  the  commissioners  of  the  county  court,  forward  a 
written  notice  thereof  to  the  State  Superintendent  of 
Free  Schools. 

In  case  of  a  tie  in  the  vote  for  members  of  the  board  ^ote;  how 
of  education,  the  county  superintendent  of  free  schools 
shall  give  the  casting  vote;  and  in  case  of  a  tie  in  the 
vote  for  a  county  superintendent  of  free  schools,  the 
presidents  of  the  several  boards  of  education  in  the 
county  shall,  at  a  meeting  called  for  that  purpose,  at  the 
court  house  of  the  county,  by  the  clerk  of  the  county 
court,  not  less  than  six  nor  more  than  twelve  days  after 
the  result  of  such  election  is  ascertained,  appoint  one  of 
the  persons  receiving  the  highest  number  of  votes  for 
said  office,  at  the  said  election,  as  county  superintendent 
of  free  schools,  who  shall  give  notice  as  aforesaid  to  the 
State  Superintendent  of  his  appointment.  A  notice  of 
such  meeting  shall  be  made  out  by  the  clerk  of  the 
county  court,  and  served  upon  each  president  of  the 
board  of  education  in  the  county  at  least  three  days 
before  the  day  of  such  meeting,  by  the  sheriff,  or  other 
officer,  to  whom  the  same  may  be  delivered  to  be  served. 

The  ballots  used  at  said  election  shall  also  have  writ- 
ten  or  printed  thereon  the  words,  "For  school  levy,"  or 
"Against  school  levy,"  as  the  voter  may  choose,  and  the 
boards  of  ballot  commissioners  in  the  several  counties  of 
this  State  shall  have  printed  at  the  bottom  of  each  ticket 
on  the  official  ballot  in  separate  lines  the  words  ""For 
school  levy,"  and  "Against  school  levy";  and  upon  the 
application  of  the  board  of  education  of  any  district  they 
.shall  also  have  printed  on  said  ballots  the  words,  "For  increase  in 
-  months  school, ' '  and  ' '  Against  —  -  months  school, ' '  Lchooi  term. 
as  provided  in  this  chapter. 

If  a  majority  of  the  ballots  cast  upon  the  question  of 
laying  the  school  levy  in  a  district,  have  written  or 
printed  thereon,  "For  school  levy,"  it  shall  be  the  duty 
of  the  board  of  education  to  make  the  levies  required  by 
the  38th  and  40th  sections  of  this  chapter,  annually,  for 
the  next  four  years;  but  if  a  majority  of  the  ballots  cast 
in  a  district  have  written  or  printed  thereon,  "Against 
school  levy,"  no  levy  shall  be  made  by  said  board  for 
the  year  next  succeeding.  But  it  shall  be  the  duty  of  SBfi 
said  board  to  cause  a  special  election  to  be  held  on  thePurp'oae; 
Tuesday  after  the  first  Monday  in  November,  next  there- w 
after,  at  which  the  question  of  levy,  or  no  levy,  shall  in 
like  manner  be  again  submitted  to  the  people  for  their 
decision,  and  if  a  majority  of  the  ballots  cast  at  such 


10  SCHOOL  LAW  OF  WEST  VIRGINIA 

special  election  be,  ' '  For  school  levy, ' '  such  levy  shall  be 
made  as  hereinbefore  required. 

Secretary  to  Of  every  such  special  election  the  secretary  of  the 
§lvction!ice  °f  board  of  education  of  the  district  shall  give  notice,  by 
posting  the  same  at  each  place  of  voting  in  the  district 
at  least  ten  days  before  the  day  on  which  the  same  is  to 
be  held.  The  election  to  be  held  on  the  third  Tuesday 
in  May,  1893,  for  the  purpose  of  electing  county  super- 
intendents of  free  schools  in  the  different  counties  of 
this  State,  and  members  of  the  various  boards  of  educa- 
tion,, shall  be  held  according  to  law;  but  their  terms  of 
office  shall  expire  as  soon  as  their  successors  are  elected 
and  qualified,  at  the  election  to  be  held  on  the  first  Tues- 
day after  the  first  Monday  in  November,  1894. 

I.  A  person  elected  to  any  office,  whether  State,  county  or  district, 
must  be  a  resident  of  the  political  division  to  which  his  powers  and 
duties  are  limited.  (See  Code,  chap,  vii,  sec.  3.) 

Special  eiec-  2a.  For  the  purpose  of  carrying  out  the  provisions 
tow  for  levy.  of  ^ciiou  two  of  chapter  forty-five  of  the  Code, 
providing  for  school  levies  the  board  of  education  of  any 
school  district,  or  any  independent  school  district,  in 
this  State,  that  failed  to  authorize  a  school  levy,  by  a 
popular  vote  at  the  general  election  held  in  one  thousand 
nine  hundred  and  two,  or  that  may  hereafter  fail  to 
authorize  a  school  levy  by  a  popular  vote  at  any  general 
election,  as  provided  in  said  chapter  forty-five,  shall,  if 
twenty  or  more  voters  of  the  district  ask  it  in  writing, 
submit  the  question  of  laying  a  school  levy  to  the  voters 
of  the  district  at  a  special  election  to  be  held  in  such  dis- 
trict at  such  time  as  the  board  of  education  of  the  dis- 
trict may  designate.  The  secretary  of  the  board  of  edu- 
cation shall  post  notices  of  such  special  election  at  all 
the  voting  places  in  the  district  at  least  ten  days  before 
the  day  on  which  the  election  is  to  be  held.  If  a  majority 
of  the  votes  cast  are  "For  School  Levy"  the  board  of 
education  shall  lay  the  levies  in  the  manner  provided  by 
sections  thirty-eight  and  forty  of  said  chapter  forty-five 
of  the  Code. 

Levy  for  It  shall  be  the  duty  of  the  board  of  education  to  order 

termased  a  special  election  conducted  in  like  manner  to  determine 
the  question  when  twenty  or  more  of  the  voters  of  any 
district  or  independent  district  ask  in  writing  for  more 
than  five  months  school  in  any  year,  involving  an  addi- 
tional levy. 

Commission-       3.     Any  person  who  may  act  as  commissioner  of  any 
er  of  election.  e]ecti0n,  held  under  any  of  the  provisions  of  this  chap- 
ter, who  shall  wilfully  reject  the  vote  of  any  person  en- 
titled to  vote  at  said  election,  or  receive  the  vote  of  any 


SCHOOL  LAW  OF  WEST  VIRGINIA  11 

person  not  so  entitled,  or  who  shall  knowingly  make 
any  false  return  of  the  result  of  any  such  election,  or  of 
any  poll  held  at  any  place  of  voting,  shall  be  guilty  of 
a  misdemeanor,  and  fined  not  less  than  fifty  dollars,  and 
imprisoned  not  less  than  twenty  days. 

4.  At  the  meeting  of  the  district  board  of  education,  Trustees; 
held  on  the  first  Monday  in  July,  1881,  they  shall  ap-  £EP° 
point  three  intelligent  and  discreet  persons,  as  trustees 

for  each  sub-district  in  their  district,  one  of  whom  shall 
be  appointed  for  one  year,  one  for  two  years,  and  one 
for  three  years;  and  the  board  of  education  shall  there- 
after annually  appoint  one  trustee,  who  shall  hold  his 
office  for  three  years;  and  the  said  trustees  shall  hold 
their  respective  offices  until  their  successors  are  appoint- 
ed and  qualified. 

5.  Vacancies  in  the  office  of  school  trustee  shall  be  vacancies, 
filled  by  the  board  of  education  for  the  unexpired  term ; 

and  in  the  board  of  education,  by  the  county  superin- 
tendent of  free  schools,  for  the  unexpired  term. 

II.  The  appointment  of  a  person  to  fill  a  vacancy  of  president  of 
the  board  of  education  makes  such  person  president  of  the  board. 

III.  Vacancy  in  the  office  of  county  superintendent  is  filled  by  the 
presidents  of  the  boards  of  education. 

IV.  Section  3  of  Article  XII    of  the  Constitution  provides  that  the 
Legislature  may  provide  for  county  superintendents  and  other  school 
officers   and   defines   their   duties,    powers   and    compensation.      Section 
5   of   chapter   45    delegates    to    the   county   superintendent   the   power 
to  fill  vacancies  in  the  board  of  education  for  the  unexpired  term.     I 
do  not  think  section  7  of  Article  IV    of  the  Constitution  or  sections 
8.  9  or  10  of  chapter  4  of  the  Code  control  as  to  appointment  of  mem- 
bers  of  boards   of  education.      I   am,    therefore,   of   the   opinion   that 
persons   appointed   by   the   county   superintendent   to   fill   vacancies   in 
the   board   of   education   hold   for   the   unexpired   term. — T.    S.    Riley, 
Attorney-General. 

5a.     Every  school  trustee,  and  every  president   and  ^JJci/to 
commissioner  of  the  board  of  education  elected  within  qualify, 
this  State  shall,  within  ten  days  after  his  election  has 
been  duly  declared,  qualify  as  such  by  taking  and  sub- 
scribing,  before   some   one   duly   authorized  to   admin- 
ister oaths,  within  his  county,  the  oath  of  office  pre- 
scribed by  section  five  of  article  four  of  the  Constitution, 
which  oath  shall  be  filed  with  the  secretary  of  the  board 
of  education  of  his  district. 

V.  I  am  clearly  of  the  opinion  that  the  time  should  be  computed 
from    the    time    the    officer    elected    has    been    notified,    as    prescribed 
by  the  law,  of  his  election  by  the  Canvassing  Board,  or  in  other  words, 
within   ten   days   from   the   time  he   receives,   either  by   the  hands   of 
the  proper  officers  or  by  transmission  by  due  course  of  mail,  notice  of 
the  result  as  ascertained  by  the  Canvassing  board, — in  our  State  by 
the  County  Court. — Romeo  H.  Freer,  Attorney-General. 

6.  The  boards  of  education  of  the  several   districts 
shall  hold  their  first  meeting  for  each  school  year  on  the 
first  Monday  in  July.     At  this  meeting  they  shall  de- 


12  SCHOOL  LAW  OF  WEST  VIRGINIA 

termine  the  number  of  teachers  that  may  be  employed  in 
the  several  sub-districts,  and  fix  the  salaries  that  shall  be 
paid  to  the  teachers.  In  determining  the  salaries,  they 
shall  have  regard  to  the  grade  of  teachers'  certificates, 
fixing  to  each  grade  the  salary  that  shall  be  paid  to 
teachers  of  said  grades  in  the  several  sub-districts  as  fol- 
lows :  Teachers  having  certificates  of  the  grade  of  num- 
salaries,  ber  one  shall  be  paid  not  less  than  tljirty  dollars  per 
month ;  those  holding  certificates  of  the  grade  of  number 
two,  not  less  than  twenty-five  dollars  per  month;  and 
those  holding  certificates  of  the  grade  of  number  three, 
not  less  than  eighteen  dollars  per  month.  And  the  trus- 
tees of  the  several  sub-districts  shall  in  no  case  trans- 
cend or  diminish  the  salaries  so  fixed  in  any  contract 
they  may  make  with  teachers.  A  quorum  of  the  board  of 
education  shall  consist  of  a  majority  of  the  members 
thereof  and  in  the  absence  of  the  president,  one  of  said 
members  may  act  as  such;  but  they  shall  do  no  official 
business  except  when  assembled  as  a  board,  and  by  due 
notice  to  all  the  members,  except  that  the  president  and 
secretary  may  sign  orders  upon  the  sheriff  fot  any  sum 
of  money  which  may  have  been  already  ordered  to  be 
paid.  The  members  of  the  board  of  education  shall  each 
receive,  as  compensation  for  his  services  the  sum  of  one 
dollar  and  fifty  cents  per  day,  to  be  paid  in  like  manner 
as  the  salary  of  the  clerks  of  the  board  of  education: 

Provided,  That  no  member  shall  receive  pay  for  more 
than  seven  days  service  in  any  one  year;  one  day  of 
which  shall  be  spent  in  attending  a  teachers'  institute. 

VI.  Boards  of  education  fix  the  term  of  school  for  the  whole  dis- 
trict. 

VII.  If  a  sub-district  for  any  cause  fail  to  have  a  school  in  anj 
year  it   can   not   have  a   longer   term   than   the   other  schools   of   the 
district  in  the  following  year. 

VIII.  If  officers  of  town  corporations  also  act  as  the  school  board 
for   the   independent   district,    they  are   entitled   to   the   same   pay   as 
district  school  officers  of  the  same   grade  :   Provided,,  they  receive  no 
compensation  from  the  town  corporation  for  their  services. 

IX.  Only  one  payment  of  $1.50  per  day.  for  not  exceeding  seven  days 
can  be  made  for  services  of  any      member  of  a  board   of  education, 
and  the  successor  gets  nothing  if  the  predecessor  received  pay  for  the 
seven  days  allowed. — Alfred  Caldwell,  Attorney-General. 

X.  The  board  have  the  power  to  fix  the  salary  to  be  paid  teachers 
as  a  class  based  upon  the  grade  of  the  certificate  they   hold,  but  in 
my  opinion  they  can  not  require  tae  trustees  to  employ  a  teacher  of  a 
certain   grade.     The  trustees  have  the  unquestioned  right   to  employ 
a  teacher  of  any  grade  certificate  which  entitled  him  or  her  to  teach, 
and  pay  the  salary  fixed  by  the  board  for  that  grade. — T.  8.  Riley, 
Attorney-General. 

EdScatkm  a       ?•     The  board  of  education  of  each  district  and  inde- 

corporation.  pendent  school  district  shall  be  a  corporation  by  the 

name  of  * '  The  board  of  education  of  the  district  or  inde- 


SCHOOL  LAW  OF  WEST  VIRGINIA  13 

pendent  school  district  of • ,  in  the  county  of 

' ',  and  as  such  may  sue  and  be  sued,  plead  and 
be  impleaded :  and  as  such  corporation,  shall  succeed  and 
be  substituted  to  all  the  rights  of  the  former  township 
and  district  boards  of  education ;  and  may  prosecute  and 
maintain  any  and  all  suits  and  proceedings  now  pending 
or  which  might  have  been  brought  and  prosecuted  in  the 
name  of  any  such  former  board  of  education  for  the  re- 
covery of  any  money  or  property,  or  damage  to  any 
property  due  to  or  vested  in  such  former  board. 

The  said  board  shall  also  be  liable  in  its  corporate  ca-  Property 
pacity  for  all  claims  legally  existing  against  the  board  of  boards!11 
education  of  which  it  is  successor.  Said  board  shall  re- 
ceive, hold  and  dispose  of  according  to  the  rules  of  law 
and  the  intent  of  the  instrument  conferring  title,  any 
gift,  grant,  devise  or  bequest,  made  for  the  use  of  any 
free  school  or  schools  under  their  jurisdiction ;  and  with- 
out any  transfer  or  conveyance,  shall  be  deemed  the 
owner  of  the  real  and  personal  property  of  their  dis^ 
trict,  and  the  property  of  the  former  township  or  dis- 
trict for  which  their  district  was  substituted. 

Process  and  notice  may  be  served  on  said  corporations  Process  on 
by  delivering  a  copy  thereof  to  the  secretary,  or  any  two  served.  h< 
members  of  the  board.     And  all  suits  or  proceedings 
now  pending  in  any  of  the  courts  of  the  State,  in  the 
name  of  the  board  of  education  of  any  district  for  any 
demand  or  claim  in  favor  of  the  board  of  education  of 
any  township  or  district,  are  hereby  made  valid. 

8.  The  board  of  education,  at  their  first  meeting  after  f^bo^rd0©! 
their  election,  shall  appoint  a  secretary,  who  shall  not  be  education, 
a  member  of  the  board,  and  who  shall  attend  all  meet- 
ings of  the  board,  and  record  their  official  proceedings 
in  a  book  kept  for  that  purpose,  which  record  shall  be 
attested  by  his  signature  and  the  signature  of  the  presi- 
dent of  the  board,  and  which  shall,  at  all  reasonable 
times,  be  open  to  the  inspection  of  any  person  interested 
therein ;  he  shall  have  the  care  and  custody  of  all  papers 
belonging  to  the  board  containing  evidence  of  title,  con- 
tracts or  obligations,  or  being  otherwise  valuable,  and 
preserve  the  same  in  his  office,  properly  arranged  for 
reference,  and  shall  record  and  keep  on  file  in  his  office 
such  papers  and  documents  as  the  board  or  the  law  may 
direct. 

He  shall  keep  such  accounts  and  prepare  and  certify  Secretary; 
such  reports  and  writing  pertaining  to  the  business  of  re 
the  board,  as  the  board  or  law  may  direct.    He  shall  pub- 
lish within  three  days  after  any  meeting  of  the  board  of 
education   an  abstract   of  the  proceedings   thereof,   by 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Board  of 
Education; 
powers  and 
dutieis  of. 


Change  in 
sub-district. 


posting  the  same  at  the  front  door  of  the  place  of  meet- 
ing. He  shall  within  ten  days  after  the  annual  levy  is 
laid  certify  to  the  county  superintendent  of  free  schools, 
the  total  value  of  all  property,  real  and  personal,  in  his 
district,  with  rate  of  levy,  and  amount  thereof,  keeping- 
separate  the  rates  and  amounts  of  teachers'  and  building 
funds ;  and  said  superintendent  shall  within  twenty  days 
certify  the  same  to  the  State  Superintendent  of  Free 
Schools,  using  blanks  therefor,  furnished  by  said  State 
Superintendent.  He  shall  also  have  authority  to  admin- 
ister oaths  to  school  officers  in  all  cases  where  they  are 
required  to  take  an  oath  as  such. 

For  his  services  as  secretary  he  shall  receive  such 
compensation  as  the  board  may  determine  from  year  to 
year,  not  to  exceed  fifteen  dollars,  to  be  paid  out  of  the 
building  fund  by  an  order  drawn  by  the  county  superin- 
tendent, when  after  an  examination  by  said  superinten- 
dent of  said  secretary's  books,  they  are  found  to  be  cor- 
rect. But  such  order  shall  not  be  drawn  until  the  sec- 
retary shall  have  made  his  annual  report  to  the  county 
superintendent  as  hereinafter  provided,  and  be  approved 
by  the  said  county  superintendent.  (See  also  Sec.  21.) 

XI.  Teachers  ar»  schoel  officers. 

XII.  The  office  of  secretary  of  the  board  of  education  is  held  at  the 
will  of  the  board.     The  secretary  may  be  relieved  at  any  time  by  the 
board. 

XII.  The  secretary's  annual  report  cannot  be  completed  before  the 
sheriff's  settlement  with  the  board  of  education.  County  superin- 
tendents are  forbidden  by  law  to  issue  orders  for  the  pay  of  secre- 
taries until  they  present  correct  and  complete  reports. 

XIV.  The  law  does  not  specify  who  shall  call  the  meetings  of  the 
board.  The  board  should  adopt  a  rule  upon  this  subject  at  its  first 
meeting  in  the  school  year,  when  all  its  members  are  present. 

9.  The  boards  of  education  shall  have  general  control 
and  supervision  of  the  schools  and  school  interests  of 
their  districts;  they  may  determine  the  number  and 
location  of  the  schools  to  be  taught;  change  the  bound- 
aries of  their  sub-districts,  and  increase  and  diminish 
the  number  thereof,  having  due  regard  for  the  school 
houses  already  built,  or  sites  procured,  assigning,  if 
practicable,  to  each  sub-district  not  less  than  forty 
youths  between  the  ages  of  six  and  twenty-one  years; 
Provided,  That  every  village  consisting  of  fifty  inhabi- 
tants or  more,  shall  be  included  in  one  sub-district.  And 
provided,  further,  That  no  change  in  any  sub-district 
shall  take  effect,  except  immediately  after  the  annual 
apportionment  of  the  general  school  fund.  When  such 
village  as  is  mentioned  in  this  section  is  divided  by  dis- 
trict or  county  lines,  the  said  village  shall  be  included 


SCHOOL  LAW  OF  WEST  VIRGINIA  15 

in  the  sub-district,  to  be  under  the  supervision  of  the 
board  of  education  of  the  district  to  which  the  largest 
division  of  its  territory  is  attached,  and  said  board  shall 
define  and  enter  of  record  in  the  office  of  their  secretary 
the  several  district  and  sub-district  lines. 

Anv  person  aggrieved  bv  any  decision  of  the  board  of  Appeal  to 
11.  n      i  -I      •         e  i    T  j.  County  Super- 

education,  changing  the  boundaries  of  a  sub-distrnct,  or  intendent. 

increasing  or  diminishing  the  number  of  the  sub-dis- 
tricts, in  their  district,  under  this  section,  may  appeal 
therefrom  to  the  county  superintendent  of  schools,  and 
have  the  same  corrected,  if  erroneous.  Every  such  per- 
son shall  present  to  the  county  superintendent  his  peti- 
tion, signed  by  himself  and  at  least  five  other  residents 
of  the  sub-district,  stating  the  action  of  the  board  com- 
plained of,  and  the  grounds  of  appeal;  and  the  county 
superintendent  shall  thereupon  fix  a  time  and  place  for 
the  hearing  of  the  appeal,  and  cause  a  notice  thereof  to 
be  served  upon  the  president  or  the  secretary  of  the  board 
of  education,  at  least  five  days  before  the  hearing.  If 
upon  hearing  the  proofs  and  allegations  of  the  parties, 
the  superintendent  be  of  the  opinion  that  the  action  of 
the  board  complained  of  was  illegal  or  improper,  he 
shall  reverse  or  correct  the  same;  otherwise  the  said 
action  shall  be  affirmed. 

XV.  Where    the    county    court    of   a    county    changes    the    boundary 
lines  of  a  district  or  increases  or  diminishes  the  number  of  districts 
after  the  annual  levy  has  been  laid  for  school  purposes,  and  the  sal- 
aries  of  teachers  fixed  in   the  respective   districts,   and  provides   that 
such  change  or  changes  shall  take  effect  before  the  end  of  the  school 
year   CJune  30),  the  schools  and  school  officers  should  continue  as  if 
no   change   had   been    made,   making   settlements,    &c.,    until    the   close 
of  the  year,  when  the  changes  ordered  should  be  recognized. 

XVI.  The  building  of  school  houses  is  discretionary  with  the  boards 
of  education.     There  is  no  power  in  any  other  court,  body  or  person 
to  compel   them  to  build  a  school   house. — Alfred  Caldwcll,  Attorney- 
General. 

XVII.  The  appeal   to   the  county  superintendent  under   this  section 
is  limited  to  cases  involving  the  changing  of  boundaries  of  a  sub-dis- 
trict, or  increasing  or  diminishing  the  number  of  sub-districts. 

10.     The  board  of  education  shall  cause  to  be  kept  in 

••T...          ««    j-i     •       a«   .    •    i      i  .        -i  Schools  must 

every  sub-district     of  their  district,  by  a     teacher  or  be  provided. 
tcaclieis   of    competent    ability,   temperate    habits    and 
good  morals,  a  sufficient  number  of  primary  schools  for 
the  instruction  of  the  persons  entitled  to  attend  the  same, 
and  should  the  trustees    of    any    sub-district  neglect  or 
fail  to  employ    a    teacher  for  their    sub-district,    upon 
complaint  thereof,  it  shall  be  the  duty  of  the  board  of      • 
education  to  do  so. 

The  following  persons  when  residing  in  a  sub-district,  Who  mav  at 
with  intent  to  make  such  sub-district  their  home,  shall  tend  school, 
have  a  right  to  attend  and  receive  instruction  at  the 
primary  schools  thereof,  that  is  to  say:     Every    youth 


SCHOOL  LAW  OF  WEST  VIRGINIA 


weeks;  fines. 


between  the  ages  of  six  and  twenty-one  years,  shall  have 

such  right;   and  any  other  person  wishing  to   receive 

instruction  at  any  free  school  in  this  State,  shall  have 

a  right,  with  the  assent  of  the  trustees,  to  attend  such 

school,  and  the  teacher  or  teachers  there  employed  shall 

give  instruction  to  such  person  the  same  as  is  required 

wh9topay    by  law  for  other  persons,  upon  the  payment  of  tuition 

tuition.          jfgg^  no£  ^-0  excee(j  one  dollar  and  fifty  cents  per  month 

for  each  pupil,  and  upon  such  other  terms  as  the  trus- 

tees of  the  sub-district  may  prescribe.     Said  tuition  fees 

shall  be  paid  in  advance  to  the  sheriff,  who  shall  give 

his  receipt  therefor,  and  place  the  amount  to  the  credit 

of  the  teachers  '  fund  of  said  district. 

children  to         i()a,     Every  person   having  under  his  control  a  child  or 

attend  school    ..,  .,  >  *i  *     •    -,  ,          n» 

twenty  children  between  the  age  01  eight  and  fourteen  years  snail 
cauge  g^-fr  child  or  children  to  attend  some  public  school 
for  a  period  of  twenty  weeks  yearly,  beginning  with  the 
beginning  of  the  school  term.  For  every  neglect  of  such 
duty  the  person  offending  shall  be  guilty  of  a  misde- 
meanor and  shall,  upon  conviction  thereof  before  any  jus- 
tice, be  fined  two  dollars  for  the  first  offense  and  five  dol- 
lars for  each  subsequent  offense,  which  fines  shall  be  paid 
into  the  building  fund  of  the  district  in  which  said 
offense  occurs. 

An  offense,  as  understood  in  this  act,,  shall  consist  in 
a  failure  to  attend  school  for  two  days  in  any  week,  ex- 
cept in  cases  of  sickness  or  death  in  the  pupil's  family, 
or  the  pupil  be  otherwise  instructed  for  a  like  period  of 
time,  or  except  for  other  reasonable  excuse,  provided 
there  be  a  school  in  session  within  two  miles  of  the  pupil  's 
home  by  the  nearest  traveled  road. 

The  board  of  education  of  every  district  or  indepen- 
dent district,  at  its  first  annual  meeting  or  as  soon  there- 
after as  practicable,  may  appoint  one  or  more  truant 
officers  whose  duty  it  shall  be  to  enforce  the  provisions 
of  this  act.  Each  officer  so  appointed  shall  use  due  dili- 
gence to  ascertain  any  violations  of  this  law  and  when, 
from  personal  knowledge  or  by  report  or  complaint  from 
any  resident  or  teacher  of  the  district  under  his  super- 
vision, he  believes  that  any  child  subject  to  the  provisions 
of  this  act  is  habitually  absent  from  school,  he  shall  im- 
mediately give  written  notice  to  the  parent,  guardian  or 
custodian  of  such  child  that  the  attendance  of  such  child 
at  school  is  required,  and  if,  within  five  days,  such  parent, 
guardian  or  custodian  of  said  child  does  not  comply  with 
the  provisions  of  this  section,  then  such  truant  officer 
shall  make  complaint  against  such  parent,  guardian  or 
custodian  before  the  nearest  justice  of  the  peace  ; 


An  offense. 


Truant 
officers. 


SCHOOL  LAW  OF  WEST  VIRGINIA  17 

Provided,     That  only  one  notice  shall  be  required  for 
any  child  in  any  one  year. 

Teachers  in  ungraded  schools,  and  principals  and  sup-  Teachers, 
erintendents  in  graded  and  high  schools,  shall  report  to  !£p° 
truant  officers  all  cases  of  violation  of  this  act  among  ^.ta  to 
the  enumerated  youth  of  their  sub-districts  or  indepen- 
dent districts,  and  shall  furnish  any  reports  and  informa- 
tion necessary  to  a  proper  hearing  of  any  case  before  a 
justice  of  the  peace,  and  all  such  teachers,  principals  or 
superintendents,  shall  assist  truant  officers  in  every  rea- 
sonable way  in  carrying  out  the  provisions  of  this  act. 

Justices  shall  remit  to  the  sheriff  at  once  all  fines  col-  Unfitted bat 
lected  under  the  provisions  of  this  act  so  that  they  may  °nce- 
be  credited  to  the  building  fund  of  the  proper  district 
and  every  truant  officer  shall  make  to  the  sheriff  an  item- 
ized statement,  on  the  last  day  of  the  month,  of  all  fines 
imposed  under  his  jurisdiction. 

Said  truant  officers  shall  be  paid  monthly,  at  the  rate  compenaa- 
of  two  dollars  per  day  for  the  time  actually  spent  in  the  ofl£e?Ltruan 
discharge  of  their  duties  as  such  officers,  but  in  no  case 
shall  payment  for  any  month 's  services  be  made  until  the 
truant  officer  has  filed  with  the  secretary  of  the  board  of 
education  a  copy  of  his  statement  to  the  sheriff  for  that 
month,  together  with  a  sworn  statement  of  the  number  of 
truancy  cases  investigated,  and  the  time  actually  em- 
ployed in  such  duties.  When  the  truant  officer  has  faith- 
fully performed  his  duties  and  filed  the  statements  re- 
quired by  this  act,  the  board  of  education,  if  satisfied 
the  same  is  correct,  shall  order  a  warrant  to  be  drawn 
upon  the  sheriff  for  the  amount  of  his  month's  salary  to 
be  paid  out  of  the  building  fund  of  the  district. 

All  other  acts  or  parts  of  acts  coming  within  purview 
of  this  act  and  inconsistent  with  it  are  hereby  repealed. 

XVIII.  I   am  of  the  opinion  that  House  Bill   No.   133    (Compulsory 
Law)   is  applicable  to  and  enforceable  in  the  Independent  School  Dis- 
trict of  Wheeling. — Romeo  H.  Freer,  Attorney-General. 

XIX.  A  teacher  has  no  authority  to  admit  or  exclude  pupils  from  a 
sdn.ol.    whether   from    the    same    or    another    sub-district,    without    the 
-consent  and   direction   of  the   trustees   of   the   school.      This   does  not 
refer  to  his  right  to  suspend  a  pupil  for  disorderly  conduct. 

11.     In  the  primary    schools    there    shall    be    taught  Branches  to 
orthography,  reading,  penmanship,  arithmetic,  English   * 
grammar,   physiology,  general,  United  States  and  State 
history,  general  and  State  geography,  single  entry  book- 
keeping, civil  government,  and  in  addition  thereto  the 
theory  and  art  of  teaching.    It  shall  be  the  duty  of  the 
State  Superintendent  to  prescribe  a  manual  and  gradecT 
course  of  primary  instruction  to  be    followed    in    the 
country  and  village  schools  throughout  the  State,  arrang- 


18  SCHOOL  LAW  OF  WEST  VIRGINIA 

ing  the  order  in  which  the  several  branches  shall  be 
taken  up  and  studied,  and  the  time  to  be  devoted  to 
them,  respectively,  with  provisions  for  advancement 
from  class  to  class,  also  for  the  examination  and  gradua- 
tion of  all  pupils  who  satisfactorily  complete  the  pre- 
scribed course. 

XX.  The  Theory  and  Art  of  Teaching  as  enumerated  in  Section  11, 
is  not  to  be  understood  as  being  one  of  the  branches  required  to  be 
taught  in  the  primary  schools,  but  teachers  are  required  to   pass  an 
examination  in  the  same, — See  Section  29, — as  they  are  in  all  branches 
required  to  be  taught  under  the  provisions  of  this  section. 

XXI.  Trustees  should  be  very  careful  not  to  interfere  unnecessarily 
with  a  teacher  in  relation  to  matters  pertaining  to  the  conduct  and 
government  of  his  school.     I  do  not  think  a  teacher  should  be  com- 
pelled  to   give    instruction    to    pupils  *  *  in    all    branches    prescribed 
by  law  without  reference  to  proper  grade. — Alfred  Caldicell,  Attorney- 
General. 

XXII.  It   is   the   official   duty   of  the   county   superintendent   to   see 
that   the  graded   course   of   study   ror  country   and  village  schools   is 
thouroughly  introduced  into  the  said  schools  of  his  county.     But  it_  is 
not   the    county   superintendent   alone   upon   whom    this    responsibility 
rests.      The   law   makes   it   the    duty   of   members   and    secretaries    of 
boards  of  education  and  of  trustees  and  teachers  as  well,  to  perform 
their  whole  duty,  seeing  to  it  that  the  course  of  study,  with  grading 
according  to  accompanying  plan,  shall  be  fully  introduced  into  every 
country  and  village  school  in  the  State. 

Nature  and         na.    i.    That  the  nature  of  alcoholis  drinks  and  nar- 

effect  of  alco-         .  n  .,..  .  n     •        «• 

noiic  drinks    cotics,  and  special  instruction  as  to  their  effects  upon  the 

taught.6  human  system,  in  connection  with  the  several  divisions 
of  the  subject  of  physiology  and  hygiene,  shall  be  in- 
cluded in  the  branches  of  study  taught  in  the  common  or 
public  schools,  and  shall  be  taught  as  thoroughly  and  in 
the  same  manner  as  other  like  required  branches  are  in 
said  schools,  and  to  all  pupils  in  all  said  schools  through- 
out the  State. 

Fine  for  fail-  II.  It  shall  be  the  duty  of  the  proper  officer  in  control 
teach.  Q£  any  gchooi  described  in  the  foregoing  section  to  en- 
force the  provisions  of  this  act;  and  any  such  officer, 
school  director,  committee,  superintendent  or  teacher  who 
shall  refuse  or  neglect  to  comply  with  the  requirements 
of  this  act,  or  shall  neglect  or  fail  to  make  proper  pro- 
visions for  the  instruction  required  and  in  the  manner 
specified  by  the  first  section  of  this  act,  for  all  pupils  in 
each  and  every  sshool  under  his  jurisdiction,  shall  be  re- 
moved from  office,  and  the  vacancy  filled  as  in  other 
cases. 

Teachers  to  III.  No  certificate  shall  be  granted  to  any  person  to 
a  teach  in  the  public  schools  of  the  State,  after  the  first  of 
January,  anno  domini,  eighteen  hundred  and  eighty-nine, 
who  has  not  passed  a  satisfactory  examination  in  physi- 
ology and  hygiene,  with  special  reference  to  the  nature 
and  the  effect  of  alcoholic  drinks  and  narcotics  upon 
the  human  system. 


SCHOOL  LAW  OF  WEST  VIRGINIA  19 


12.  The  trustees  shall  be  under  the  supervision  and 

control  of  the  board  of  education,  and  in  all  cases  the  of  the  board. 
action  of  the  trustees  shall  be  subject  to  the  revision 
and  correction  of  the  board  of  education,  on  the  motion 
of  any  member  thereof,  or  upon  the  complaint  in  writ- 
ing of  any  three  tax-payers  of  their  sub-district. 

Whenever  it  shall  happen  that  the  persons  authorized  Transfer  of 
to  attend  school  are  so  situated  as  to  be  better  accommo-  PuPlle- 
dated  at  the  primary  school  of  an  adjoining  sub-district, 
whether  in  the  same  or  in  an  adjoining  district  or  county, 
or  whenever  it  may  be  necessary,  to  establish  a  school 
composed  of  pupils  from  parts  of  two  sub-districts, 
whether  in  the  same  or  in  an  adjoining  district  or  county, 
it  shall  be  the  duty  of  the  trustees  of  the  sub-districts 
interested  to  transfer  such  persons  for  school  purposes 
to  the  sub-district  in  which  such  school  house  is,  or  may 
be,  situated  ;  but  the  enumeration  of  youth  shall  be  taken 
in  each  sub-district  as  if  no  transfer  had  been  made,  and 
the  trustees  of  the  sub-district  in  which  the  school  is  sit- 
uated shall  have  the  management  of  such  school. 

But  in  all  cases  of  transfer  of  pupils  from  one  district  Tuition. 
to  another,  the  board  of  education  of  the  district  from 
which  the  transfer  is  made  shall  pay  to  the  board  of 
education  of  the  district  in  which  the  school  is  carried 
on,  such  proportion  of  the  cost  of  said  school,  as  the 
scholars  so  transferred  bear  to  the  whole  number  of 
scholars  taught  in  such  school. 

XXIII.  "This  section  was  not  intended  nor  does  it  authorize  trus- 
tees to  transfer  pupils  from  a  sub-district  to   an  independent  school 
district."  —  Alfred  Caldwell,  Attorney-General. 

XXIV.  The  cost  of  the  tuition  of  the  transferred  pupils  should  be 
estimated  from  the  time  the  transfer  takes  effect  until   it  expires  or 
the  pupils  are  withdrawn. 

XXV.  No  transfer  is  complete  until  the  trustees  of  the  sub-district 
to  which  transfers  have  been  made  have  agreed  to  accept  the  pupils. 

XXVI.  When  pupils  are  transferred  to  an  adjoining  sub-district  in 
another  district  it  is  the  duty  of  the  trustees  making  the  transfers, 
although  they  are  not  required  to  do   so  by  statute,  to  notify  their 
board  of  education  of  all  transfers  made  by  them,  and  the  said  board 
of  education  is  required  by  this  'Section  to  pay  to  the  board  of  educa- 
tion of  the  district  to  which  the  pupils  have  been   transferred  such 
proportion  of  the  cost  of  said  school  or  schools  as  the  pupils  so  trans- 
ferred bear  to  the  whole  number  of  pupils  taught  in  said  schools  dur- 
ing the  time  of  the  transfers. 

13.  The  trustees  of  every  sub-district  shall  have  charge  Trustees  to 
of  the  schools  therein  and  shall  meet  at  the  school  house 

of  their  sub-district  on  the  third  Monday  in  July  of  every 
year,  or  as  soon  thereafter  as  practicable  and  appoint 
a  teacher  or  teachers,  for  the  coming  session  of  their 
school,  and  in  such  appointment  at  least  two  of  the  trus- 
tees who  are  the  trustees  for  the  ensuing  year,  shall  con- 
cur, and  such  appointment  shall  be  in  writing  in  the  form 


20 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Form  of 
contract. 


Relationship 
exclusion. 


of  a  contract  according  to  the  form  furnished  by  the 
State  Superintendent  of  Free  Schools  and  said  form  shall 
state  that  the  trustees  whose  signatures  are  affixed  there- 
to, met  together  as  herein  required,  and  said  contract  shall 
be  filed  with  the  Secretary  of  the  board  before  the  be- 
ginning of  the  term  for  which  said  teacher  is  employed. 
Provided,  That  no  trustee  of  any  sub-district  shall 
participate  in  contracting  with  or  appointing  any  person 
as  teacher  of  their  school  to  whom  he  sustains  the  rela- 
tion of  father,  father-in-law,  brother,  brother-in-law, 
uncle,  cousin,  grandfather,  sister,  niece  or  nephew,  and 
if  the  appointment  of  any  teacher  be  otherwise  than  at 
a  meeting  herein  authorized  or  if  the  appointment  be 
within  the  degrees  of  relationship  herein  specified,  the 
board  of  education  shall  declare  such  contract  illegal,  if 
the  declaration  be  made  by  the  board  before  the  time 
mentioned  in  the  contract  for  the  beginning  of  the  school 
term.  Any  teacher  so  appointed  may  be  removed  by  the 
trustees  or  by  the  board  of  education  for  incompetency, 
neglect  of  duty,  intemperance,  profanity,  cruelty  or  im- 
morality. The  trustees  shall  exclude  from  any  school 
under  their  charge  any  person  having  a  contagious  or  in- 
fectious disease,  and  they  may  suspend  or  expel  any 
scholar  found  guilty  of  any  disorderly,  refractory,  inde- 
cent or  immoral  conduct,  and  may  refuse  to  admit  such 
scholar  again  to  the  school  until  satisfied  that  he  will 
properly  conduct  himself  thereafter.  But  the  trustees 
shall  take  no  action  or  proceeding  relating  to  the  removal 
of  teachers  or  the  suspension  or  expulsion  of  any  scholar 
from  school  unless  at  a  meeting  of  which  the  trustees 
have  all  had  notice,  and  when  at  least  two  of  their  num- 
ber shall  be  present  and  concur  in  such  action  or  proceed- 
ing, and  their  action  in  each  particular  shall  be  subject 
to  the  revision  and  correction  of  the  board  of  education 
upon  complaint  in  writing  of  a  majority  of  the  patrons 
of  the  school,  residing  within  the  sub-district  in  which 
such  action  has  been  taken.  Any  trustee  may,  for  good 
cause  shown  be  removed  from  office  by  the  board  of  edu- 
cation upon  five  days  notice  in  writing,  of  the  cause 
alleged  for  his  removal,  and  of  the  time  and  place  th< 
board  will  take  action  thereon.  Whenever  at  the  end  of 
any  school  month  the  'daily  average  attendance  for  that 
alleged  for  his  removal,  and  of  the  time  and  place  the 
whole  number  of  pupils  enumerated  in  the  sub-district, 
the  trustees  may  dismiss  the  teacher  and  discontinue  the 
school,  unless  otherwise  directed  by  the  board  of  educa- 
tion ;  and  no  high  school  shall  Be  continued  if  at  the  end 
of  any  school  month,  it  has  not  had  an  average  daily  at- 


SCHOOL  LAW  OF  WEST  VIRGINIA  21 

aiuv  of  twenty-five  scholars.  And  it  is  further  ex- 
pressly provided,  that  should  any  trustee  of  any  sub- 
district  or  a  member  of  the  board  of  education  receive 
any  money  or  other  thing  of  value  for  his  aid,  assistance 
or  vote  in  securing  to  any  teacher  a  school  or  employment 
in  an}*  district  or  independent  school  district  in  the  State, 
in  which  said  trustee  or  member  of  the  board  of  educa- 
tion is  authorized  by  law  to  act,  shall  be  guilty  of  a  felony 
and  upon  conviction  thereof  shall  be  punished  by  con- 
finement in  the  penitentiary  of  this  State  not  less  than 
one  nor  more  than  three  years. 

XXVII.  Neither  boards  of  education  nor  trustees  have  authority  to 
employ  a  person  to  teach  in  the  free  schools  of  this  State  unless  such 
person  presents  a  certificate  in  duplicate  still  in  force  of  his  qualifica- 
tion to   teach  a  school  of  the  grade  for  which   he  applies.     Teachers 
employed  as  substitutes  should  hold  same  grade  of  certificate  as  those 
whose  places  they  fill. 

XXVIII.  A  teacher  has  the  right  to  punish  pupils  placed  under  his 
charge  for  infractions  of  the  rules  governing  the  school.     But  like  the 
parent  who  has  the  right  to  enforce  obedience,   he  is   answerable  for 
the  abuse  of  the  trust. 

XXIX.  The  trustees  of  a  school  have  authority  to  contract  with  a 
teacher  for  the  length  of  time  and  the  price  per  month  prescribed  by 
the  board  of  education,  and  the  board  must  provide  for  its  payment. 

XXX.  The    law    prohibiting    trustees    from    employing    teachers    for 
their  schools  to  whom  they  sustain  certain  specified  relationship,  has 
been  construed  by  this  office  to  refer  only  to  "first  cousins,"  and  the 
connection  must  be  by  blood,  and  not  by  marriage.— Romeo  H.  Freer, 

Attorney-General. 

14.  The  trustees  shall  visit  every  school  under  their 
charge  within  two  weeks  after  the  opening,  and  again 
within  two  weeks  before  the  close  thereof,  and  at  such 
other  times  as  in  their  opinion  may  be  useful  to  do  so. 
During  such  visits,  they  shall  inspect  the  register  of 
every  teacher  and  see  whether  it  has  been  properly  kept, 
and  ascertain  whether  the  scholars  have  supplied  them- 
selves with  books  and  other  things  requisite  for  their 
studies,  whether  the  school  house  and  grounds,  furni- 
ture, apparatus  and  library  are  kept  in  good  order; 
whether  anything  injurious  to  the  health  is  suf- 
fered, to  remain  about  the  house  or  grounds,  and 
whether  the  school  house  is  well  ventilated  and 
kept  comfortable,  as  the  season  may  require;  and  where 
it  is  necessary,  provide  and  promptly  apply  the  proper 
remedy. 

They  .shall  also  during  such  visits  make  such  examina- 
tion and  enquiry  as  they  may  deem  useful  respecting  the 
studies,  discipline  and  general  condition  of  the  school, 
and  the  conduct  and  proficiency  of  the  scholars,  and  give 
such  directions  or  make  such  suggestions  to  the  teachers, 
as  in  their  opinion,  will  promote  the  interest  of  the  school, 
and  the  health,  morals  and  progress  of  the  scholars. 


22  SCHOOL  LAW  OF  WEST  VIRGINIA 

XXXI.  The   duty   of   visiting   the   schools    is    made   obligatory    upon 
the  trustees,  and  they  should  faithfully  comply  with  the  law  in  this- 
matter. 

XXXII.  The  leading  object  of  the  trustees  on  this,  their  first  visit. 
should   be   the   examination   of   the   sanitary    condition    of   the   school 
building  and  out-houses.     The  health  of  both  teachers  and  pupils"  de- 
pend upon  healthful  surroundings. 


shall  cause  the  school  houses  under  their 
charge  and  everything  pertaining  thereto,  to  be  kept  in 
good  order  and  repair,  and  for  this  purpose  it  shall, 
among  other  things,  be  their  duty  to  cause  proper  suits 
and  prosecutions  to  be  instituted,  in  the  name,  of  the 
board  of  education  of  the  district  or  otherwise,  against 
every  person  who  shall  injure   or  destroy   any   school 
property  of  which  the  said  trustees  have  charge;    and 
they  shall  not,  without  the  permission  of  the  district 
Trustees  may  board  of  education,  allow  said  school  houses  to  be  used 
house  tohbe01  ^or  an^  °ther  purpose  whatever,  except  for  the  purpose 
u^ed^for  ^     of  holding  religious  or  literary  meetings  and   Sunday 
peosesin  ]         schools,  equally  by  the  various  religious  denominations 
that  may  apply  for  the  same,  and  further  for  such  other 
meetings  as  may  be  considered  beneficial  to  the  public 
generally  under  such  regulations  as  to  the  care  thereof 
as  may     be  prescribed  by  them:     Provided,    That  such 
meetings  shall  not  interfere  with  the  public  schools. 

The  trustees  shall  furnish  to  the  board  of  education 
estimates  of  all  improvements  necessary  to  the  preserva- 
tion or  repair  of  buildings,  grounds  and  furniture  under 
their  charge. 

XXXIII.  The  trustees  of  a  school  may  allow  religious  exercises  held 
in  their  school  house.     They  may  prescribe  conditions,  etc.     They  may 
refuse   to   allow   the   school   house   to   be   used   for   this   purpose.      In 
either  case,  on  motion  of  any  member  of  the  board  of  education,  or 
the   petition    in   writing   of   three   tax-payers   of   the   sub-district,    the 
action  of  the  trustees  may  be  reviewed  and  reversed  or  affirmed.     The 
county  superintendent  has  no  authority  in  the  matter. 

XXXIV.  "Debating  societies."  teachers'  meetings,  school  exhibitions 
and    spelling-schools,    together    with    any    other    meetings,    having    for 
their  object   the  advancement   of  the   school    interests   of   the   sub-dis- 
trict, and  being  of  a  literary  character,  if  conducted  in  a   respectable 
manner,  come  within   the  meaning  of  the  words   "literary  meetings." 
as  used  in  the  fifteenth  section  of  the  school  law. 

XXXV.  If  the  trustees  of  a  school  refuse  the  use  of  a  school  house 
for  religious  purposes,  an  appeal  may  be  taken  to  the  board  of  educa- 
tion.    The  decision  of  the  board  is  final,  either  for  or  against.     Tiiey 
may  absolutely  exclude  all  denominations  from  the  school  house. 

XXXVI.  Religious   and    literary     societies     and    teachers     of    select 
schools,  may  be  required  to  give  security  for  the  protection  of  school 
property  where  trustees  are  asked  to  allow  the  school  house  to  be  used 
for  the  meetings  of  such  societies.     The  use  of  public  school  property 
for  such  purposes  is  a  privilege,  not  a  right. 

XXXVII.  I  think  that  the  trustees,  with   the  consent  of  the  board 
of  education,  can  allow  the  school  house  to  be  used  for  the  purpose 
of  holding  a   select   school ;    provided   it   does   not   interfere   with   the 
public  school.     I  am  also  of  the  opinion  that  the  action  of  the  trus- 
tees in  either  refusing  or  granting  the  use  of  a  school  house  for  the 
purposes   above   mentioned   may   be   reviewed   by   the   board  of   educa- 
tion of  the  district.     The  party  so  occupying  the  school  house  may  be 
required  to  give  security  for  the  proper  care  and  use  of  the  building. 
— T,  S.  Riley,  Attorney-General. 


SCHOOL  LAW  OF  WEST  VIRGINIA  23 


15a.  '[Section  19,  chapter  14a  code,  chapter  13,  Acts 
1887.]  If  a  person  willfully  interrupt,  molest  or  disturb  °crh;JoTurbing 
any  free  school,  or  other  school,  literary  society  or 
any  other  society  formed  for  intellectual,  social  or 
moral  improvement,  organized  or  carried  on  under  or 
in  pursuance  of  the  laws  of  this  State,  or  any  Sunday 
school,  or  other  school,  or  school  exhibition,  or  any 
society  lawfully  carried  on,  he  shall  be  guilty  of  a  mis- 
demeanor, and  fined  not  less  than  fen  nor  more  than 
fifty  dollars,  or  at  the  discretion  of  the  court,  be  con- 
fined in  the  jail  of  the  county  not  more  than  thirty  days, 
in  addition  to  said  fine. 

15&.  If  any  person  shall  willfully  disturb,  molest,  or 
interrupt  any  literary  society,  school,  or  society  formed 
for  intellectual  improvement  or  any  other  school  or 
society  organized  under  the  laws  of  this  State,  or  any 
school,  society,  or  meeting  formed  or  convened  for  im- 
provement in  music,  either  vocal  or  instrumental,  or 
for  any  moral  and  social  amusement,  the  person  so 
offending  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof,  shall  be  fined  not  less  than  five 
dollars,  and  may  be  imprisoned  in  the  countjr  jail  not 
exceeding  ten  days. 

16.     The  trustees  of  each  sub-district  shall  keep  exact  Trustees  must 
account  of  all  necessary  expenses  incurred  by  them  in  account  of 
the  performance  of  their  duties,  and  render  to  tlie  sec-  e> 
retary  of  the  board  of  education,  at  or  before  their  last 
meeting  for  the  current  school  year,  written  accounts. 
by  items,  of  all  such  expenses,  which,  if  the  board  find 
correct,  they  shall  pay  by  an  order  to  the  sheriff,  drawn 
on  the  building  fund  of  the  district,  signed  by  the  sec- 
retary and  president. 

The  trustees  of  any  sub-district  may  purchase  fuel, 
water  buckets,  brooms,  coal  hods,  shovels,  pokers,  stove 
pipes,  crayons,  erasers  and  dippers,  for  the  use  in  school  tain  repars. 
rooms.  They  may  make  sucfr  repairs  in  windows, 
doors,  benches,  desks,  floors,  walls,  ceilings  and  roofs 
as  will  render  the  house  comfortable.  For  such  pur- 
chase or  repairs  they  shall  render  to  the  secretary  of 
the  board  of  education  an  account,  which,  if  the  board 
find  correct,  they  shall  pay  out  of  the  building  fund  of 
the  district. 

No  one  trustee  shall,  by  himself,  have  any  power  to 
perform  any  duty  required  by  law  of  the  trustees,  who 
shall  meet  at  a  time  and  place  fixecl  by  two  of  their 
number,  the  other  having  had  reasonable  notice  of  such 
meeting,  and  two  of  the  trustees  shall  constitute  a  quo-  Record  of 
rum,  and  they  shall  keep  a  record  of  their  acts  and  pro-  meeting. 


24  SCHOOL  LAW  OF  WEST  VIRGINIA 

ceedings  in  a  book  to  be  furnished  them  by  the  board 
of  education  for  that  purpose,  such  book  to  be  turned 
over  by  them  to  their  successors  in  office. 

XXXVIII.  While  trustees  are  appointed  l>y  the  "board  of  education, 
their  powers  are  prescribed  and  their  duties  imposed  by  law  ;  and  oy 
section  12  of  chapter  45,  of  the  Code,  the  actions  of  such  trustees  are 
subject  to  the   revision  and  correction   of  the  board  of   education   on 
proper  motion  or  complaint  made ;   yet  no  power  is  given  the  board 
to  interefere  with  or  prevent  a  proper  discharge  by  the  trustees,  of 
the  duties  imposed  upon  them  as  such,  by  law. 

By  section  16  of  chapter  45  of  the  Code,  it  is  provided,  among 
other  things,  that  "the  trustees  of  any  sub-district  may  purchase  fuel, 
water  buckets,  brooms,  coal  hods,  shovels,  pokers,  stove-pipes  and 
dippers  for  use  in  school  rooms.  *  *  *  For  such  purchases  they  shall 
render  to  the  secretary  of  the  board  of  education  an  account  which, 
if  the  board  find  correct,  they  shall  pay  out  of  the  building  fund  of 
the  district." 

If  then  the  board,  upon  examination  or  revisal,  find  the  account 
correct,  they  cannot  alter,  amend  or  repudiate  it :  but  in  the  lan- 
guage of  the  law,  they  shall  pay  it  out  of  the  building  fund  of  the 
district. — G.  C.  Watts,  Attorney-General. 

17.  White  and  colored  persons  shall  not  be  taught  in 
Sme°8choof d  the  same  scn°o1  but  to  afford  to  colored  children  the  bene- 
fits of  a  free  school  education,  it  shall  be  the  duties  of 
trustees  of  every  sub-district  to  establish  therein,  one  or 
more  primary  schools,  for  colored  persons  between  the 
ages  of  six  and  twenty-one  years,  and  said  trustees  or 
board  of  education  shall  establish  such  school  whenever 
there  are  at  least  ten  colored  persons  of  scKool  age  resid- 
ing therein  and  for  a  less  number,  when  it  is  possible  to 
do  so. 

TWO  or  more      The  trustees  of  two  or  more  sub-districts  whether  in 

mayd/oinTn8    the  same  or  adjoining  districts  or  counties,  may,  by  agree- 

cSoredhing    ment  with  each  other,  join  in  establishing  a  primary 

schools.          school  for  colored  children  residing  in  said  sub-clistrict, 

and  such  schools  so  established,  shall  be  subject  to  the 

same  regulations  as  are  provided  for  the  school  for  white 

children,  in  section  twelve  of  this  chapter. 

All  other  acts  and  parts  of  acts  coming  within  the 
purview  of  this  Act  and  inconsistent  therewith  are  hereby 
repealed. 

XXXIX.  "When  a  school  has  been  established  for  colored  pupils  un- 
der section   17,   it   must  be  kept  open   and   continued   as  long  as  the 
schools  for  whites  in  the  same  district.     The  colored  children,  after 
the  school  is  established  under  that  section,  are  entitled  of  right  to 
the    same   apparatus,    necessary    furniture,    and    school    appliances    as 
well  as  the  same  length  of  school  term  as  the  whites  in  schools  of 
like  grade,  no  matter  how  little  or  how  great  the  taxes  collected  from 
the  colored  people  of  the  district  may  be.     There  is  nothing  in  the 
18th  section  to  affect  this  view.     The  18th  section  deals  with  another 
case   entirely   and   cannot   affect   in   any   way   a   sub-district   where   a 
colored   school    is   established   in    accordance    with    law. — Alfred    Cald- 
icell,  Attorney-General. 

Division  of          18.     Whenever,  in  any  school  district,  the  benefit  of  a 

efit^V°oi£re<i  f  ree  school  education  is  not  secured  to  the  colored  chil- 

chiidren.         dren  residing  therein,  in  the  manner  mentioned  in  the 

preceding  section,  the  fund  applicable  to  the  support  of 


SCHOOL  LAW  OF  WEST  VIRGINIA  25 

free  schools  in  such  sub-district,  whether  received  from 
the  State  or  local  taxation,  shall  be  divided  by  the  board 
of  education  in  the  proportion  which  the  number  of 
colored  children  bears  to  the  number  of  white  children 
tnerein,  according  to  the  latest  enumeration  made  for 
school  purposes;  and  the  share  of  the  former  shall  be  " 
set  apart  for  the  education  of  colored  persons  of  the 
proper  age,  residing  in  such  sub-district,  or  district,  and 
be  applied  for  that  purpose  from  time  to  time  in  such 
way  as  the  board  of  education  of  the  district  may  deem 
best.  Any  board  of  education  failing  to  comply  with 
this  section  may  be  compelled  to  do  so  by  the  circuit 
court  of  the  county,  by  mandamus. 

19.  The  board  of  education  of  each  district  and  inde- 
pendent  school  district  shall  require  the  teacher  or 
teachers  in  each  sub-district  or  independent  school  dis- 
trict, annually,  before  the  close  of  the  school  or  schools, 
not  later  than  the  first  day  of  April,  to  make  an  enum- 
eration of  all  the  youths  resident  in  such  sub-district  or 
independent  school  district,  who  shall  be  over  six  years 
and  under  twenty-one  years  old,  on  the  first  day  of  July 
following-,  distinguishing  between  male  and  female,  white 
and  colored. 

The  enumeration  shall  be  taken  in  two  classes  as  fol- 
lows: One  class  shall  contain  all  youths  between  the 
ages  of  six  and  sixteen  years,  and  the  other,  youths  be- 
tween sixteen  and  twenty-one  years  respectively.  The 
enumeration  shall  be  verified  by  the  affidavit  of  the 
teacher  who  took  the  same,  before  some  person  quali- 
fied to  administer  oaths,  to  the  effect  that  he  used  all 
means  in  his  power  to  make  it,  and  believes  it  to  be 
correct,  and  shall  return  such  enumeration  to 'the  secre-  Enumeration. 
tary  of  the  board  of  education  of  the  district  with  the  p1?nuaity?or0n 
term  report  of  such  school,  or  not  later  than  the  first  not  tafein&- 
day  of  April;  and  unless  such  enumeration  be  properly 
taken  and  returned,  the  teacher  shall  not  be  entitled  to 
demand  payment  of  the  balance  due  on  his  salary,  or  so 
much  thereof  as  shall  be  necessary  to  defray  the  ex- 
penses of  the  enumeration  as  herein  provided. 

No  teacher  in  this  State  shall  be  required  to  serve  on  Teachers  ex- 
any  jury,  nor  to  work  on  the  roads,  while  his  school  is  certain0™ 
in  actual  operation.  duties. 

The  secretary  of  the  board  of  education  shall  keep  a  Enumeration; 
record  in  his  office  of  the  enumeration  of  youth  so  taken,  kSperecord° 
and  shall  annually,  on  or  before  the  fifteenth  day  of  of- 
April  transmit  a  certified  copy  of  such  enumeration  to 
the  county  superintendent  of    his   county.    When  such 
enumeration  for  any  district  or  sub-district  shall  not  be 


26 


SCHOOL  LAW  OF  "WEST  VIRGINIA 


received  by  the  county  superintendent  before  the  twen- 
tieth day  of  April  in  any  year,  it  shall  be  his  duty,  with- 
out delay,  to  employ  a  competent  person  to  take  and 
verify  the  same  as  aforesaid.  '  The  person  taking  and 
verifying  such  enumeration  shall  be  paid  a  reasonable 
compensation,  to  be  allowed  by  the  board  of  education, 
not  to  exceed  two  dollars  per  day  for  the  time  necessa- 
rily consumed,  and  paid  by  an  order  of  said  board, 
signed  by  the  president  and  secretary,  out  of  the  build- 
ing fund  of  such  district. 

Superintend-  I*1  either  case  the  county  superintendent  as  soon  as  he 
ent  to  report,  receives  the  enumeration  for  any  district  or  independent 
school  district,  and  not  later  than  the  first  day  of  May, 
shall  forward  to  the  State  Superintendent  of  Free 
Schools  a  statement  of  the  number  of  youths  of  school 
age  therein.  The  State  Superintendent  of  Free  Schools 
shall  prescribe  and  furnish  all  blanks  to  be  used  for 
taking  the  enumeration  of  youth. 

XL.  A  correct  enumeration  of  the  school  youth  is  one  of  the  most 
important  matters  connected  with  the  school  work  of  the  State,  for 
It  is  the  basis  upon  which  the  general  school  fund  of  the  State 
is  apportioned.  The  secretary  should  carefully  examine  the  enumera- 
tion report  from  every  sub-district  and  satisfy  himself  of  its  accuracy. 

XLI.  The  secretary  of  the  board  is  authorized  to  administer  oaths 
to  teachers  as  to  the  correctness  of  their  reports  of  enumeration. 
See  Section  8. 


Trustees' 
report. 


Secretary's 
report. 


20.  The  trustees  of  each    sub-district   shall    make  a 
report  to  the  secretary  of  the  board  of  education  of  their 
district,  at  or  before  their  last  meeting  in  each  school 
year,  setting  forth  in  reference  to  their  sub-district,  the 
following  particulars;  that  is  to  say:     The  condition  of 
school  houses  under  their  charge;  the  value  and  kind  of 
apparatus;  the  number  of  volumes  in  school  libraries 
and  their  value,  with  such  explanations,  remarks  and 
additional  information  as  the  said  trustees  may  deem 
useful,  or  as  the  blanks  furnished  by  the  State  Superin- 
tendent of  Free  Schools  may  require.     They  shall  also 
report  the  same  particulars  in  relation  to  any  schools 
under  their  charge  for  colored  persons. 

XLII.  Trustees  should  make  their  annual  report  as  prescribed  in 
form  No.  9,  at  the  close  of  the  year  (June  30)  whether  the  school 
closed  then  or  not. 

21.  The  secretary  of  the  board  of  education  to  whom 
the  report  of  the     trustees  shall     have  been  made,  as 
provided    in    the    twentieth   section,     shall    revise    the 
said  reports,  and  if  they  be    found    erroneous    or    de- 
fective, may  return  them  for  correction.    From  the  cor- 
rected report  and  the  teachers'  registers,  provided  for 
in  the  thirtieth  section  of  this  chapter,  and  such  other 


SCHOOL  LAW  OP  WEST  VIRGINIA  27 

authentic  information  as  he  may  be  able  to  obtain,  he 
shall  make  a  report  to  the  county  superintendent  on  or 
before  the  twentieth  day  of  July,  annually,  in  tabular 
form,  by  sub-districts,  embracing  each  particular  re- 
ported to  him  by  the  said  trustees'  reports  and  teachers' 
registers,  and  showing  the  aggregate  or  average  of  each, 
as  the  case  may  require,  for  his  district. 

And  he  shall  further  report  to  the  county  superintend- 
ent  on  or  before  the  twentieth  day  of  July,  annually,  the 
following  additional  particulars  in  reference  to  his  dis- 
trict, for  the  year  ending  on  the  preceding  thirtieth  day 
of  June,  that  is  to  say :  The  rate  and  amount  of  the  tax 
levied  for  the  teachers'  fund  and  the  building  fund  re- 
spectively; the  amount  of  such  taxes  collected  and 
placed  to  the  credit  of  each  "of  these  funds;  the  amount 
received  from  the  State  ftfr  the  teachers'  fund;  the 
amount  of  the  balance  in  the  treasury  at  the  beginning 
of  the  school  year  for  each  fund ;  the  amount  of  receipts 
from  all  other  sources  placed  to  the  credit  of  each  fund ; 
the  amount  expended  for  the  pay  of  teachers,  male  and 
female,  white  and  colored,  respectively;  the  amount  of 
commission  paid  to  the  sheriff  or  collector;  the  amount 
of  the  delinquent  list  returned  by  said  collector;  the 
amount  of  the  balance  in  hand  at  the  close  of  the  school 
year  for  each  fund;  the  amount  expended  for  the  pur- 
chase of  sites  for  school  houses,  and  for  the  construction 
and  furnishing  of  the  same;  and  for  the  rent,  hire  and 
repair  of  such  property;  the  amount  expended  for 
such  furniture,  for  apparatus,  for  interest,  for  the  enu- 
meration of  youth,  and  for  contingencies;  also,  the  num- 
ber of  volumes  in  school  libraries  and  their  value;  total 
receipts,  total  expenditures,  with  such  explanations, 
remarks  and  additional  information  as  he  may  deem 
proper,  or  as  the  blanks  furnished  by  the  State  Super- 
intendent may  require.  He  shall  also,  in  like  manner, 
report  all  particulars,  pertaining  to  any  colored  school 
or  schools  in  his  district,  including  the  number  taught 
therein,  and  for  what  length  of  time. 

For  this  report  the  secretary  shall  be  allowed  out  of  Secretary's 

,,       ,      .,  ,.          •        i     .          -,-ff  i  •          i  remuneration 

the  building  fund,  in  addition  to  his  salary  as  secretary,  for  making 
ten  dollars ;  but  the  board  of  education  shall  in  no  case  re 
order  this  sum  to  be  paid  until  the  county  superintendent 
has  certified  to  them  that  the  said  report  has  been  made, 
and  that  it  is  correct  and  complete,  an5  made  within  the 
time  specified  in  this  section. 

XLIII.  In  the  case  of  summer  schools  where  a  part  of  the  term  is 
finished  in  one  year  and  a  part  in  the  next,  the  financial  condition 
of  the  district  must  be  reported,  just  as  it  is,  without  regard  to  what 
may  or  may  not  be  contracted  for.  In  the  estimate  for  the  levy  the 


28 


SCHOOL  LAW  OP  WEST  VIRGINIA 


amount  of  partially  executed  contracts  and  the  balance  on  hand  to 
pay  them  must  be  considered.  The  statistical  report  of  such  schools 
should  be  made  in  the  year  in  which  they  close. 

XLIV.  The  secretary's  annual  report  cannot  be  completed  before  the 
sheriff's  settlement  with  the  board  of  education.  County  superin- 
tendents must  not  issue  orders  for  the  pay  of  secretaries  until  they 
present  correct  and  complete  reports.  The  law  provides  this  in  de- 
claratory terms. 

XLV.  Chapter  29,  s.  67  Code,  requires  the  secretary  of  every  school 
district  and  independent  school  district  through  which  a  railroad  runs 
in  each  county,  within  thirty  days  after  the  levy  is  laid  for  free 
school  and  building  purposes,  or  either,  to  certify  to  the  auditor  the 
amount  so  levied,  etc. 

in0teSden"Ser'     22-    The  county  superintendent  shall  receive  and  revise 
report.  the  reports  made  to  him  as  aforesaid,  and  see  that  they 

are  in  proper  form  and  according  to  intent  of  law;  and 
when  deficiencies  or  errors  are  found  to  exist,  shall  re- 
turn them  for  correction.  From  these  reports  and  such 
other  authentic  information  as  he  can  obtain,  he  shall 
make  report  to  the  State  Superintendent  of  Free 
Schools,  on  or  before  the  first  day  of  August,  annually, 
or  as  soon  thereafter  as  possible,  setting  forth  in  refer- 
ence to  each  district  of  his  county,  for  the  year  ending 
on  the  preceding  thirtieth  day  of  June,  the  several  par- 
ticulars mentioned  in  the  twentieth  and  twenty-first 
sections,  with  the  proper  aggregate  or  average  of  each 
for  the  county;  and  shall  make  the  apportionment,  and 
report  such  apportionment  to  the  auditor,  and  also  re- 
port whether  the  districts  have  made  the  levy  for  school 
purposes  required  by  this  chapter. 

XLVI.  The  report  of  the  county  superintendent  should  be  made  not 
later  than  the  first  day  of  August,  as  prescribed  by  law.  that  the  State 
Superintendent  may  complete  his  annual  report,  which  he  should  have 
compiled  for  the  Governor  not  later  than  the  first  day  of  October. 

XLVII.  The  apportionment  of  the  General  School  Fund,  made  by 
the  county  superintendent,  should  be  reported  to  the  State  Superin- 
tendent, as  well  as  to  the  auditor. 

School  year.  23.  The  school  year  shall  commence  on  the  first  day 
of  July,  and  close  on  the  thirtieth  day  of  June,  and  all 
reports,  accounts  and  settlements  respecting  the  free 
schools  of  this  State  shall  be  made  with  reference  to  the 
school  year. 

XLVIII.  If  any  school  opens  after  the  first  day  of  April,  (the  time 
required  for  the  enumeration  to  be  returned  by  the  teacher),  if  the 
teacher  so  opening  the  school  has  not  taken  the  enumeration  and 
returned  it,  it  is  the  duty  of  the  county  superintendent  to  employ 
some  one,  as  the  law  directs,  to  take  the  enumeration  of  that  sub- 
district.  The  pay  to  such  person  would  not  be  properly  deducted 
from  the  teacher's  salary,  who  opened  the  school  after  the  time  re- 
quired for  the  enumeration  to  be  returned. 

XLIX.  If  a  school  opens  so  near  the  close  of  the  school  year  that 
by  continuing  in  session  all  the  school  days  to  the  end  of  the  year 
the  term  will  not  be  finished  before  the  year  closes,  the  remaining 
time,  under  the  contract  may  be  completed  in  the  new  year.  (In  this 
case  the  school  should  be  reported  in  the  new  year.)  If  the  school 
open  in  ample  time  to  finish  before  the  close  of  the  year,  but  sus- 
pends before  the  term  is  out,  the  time  cannot  be  added  to  the  next 
year's  term. 


SCHOOL  LAW  OF  WEST  VIRGINIA  29 

L.  The  school  law  contemplates  that  the  financial  affairs  shall  be 
closed  up  at  the  end  of  each  year. 

24.  When  the  board  of  education  of  any  district  deem  Jjjjf[{|,^fhool: 
it  expedient  to  establish  a  high  school,  they  shall  submit  establishing 
the  question  to  the  voters  of  the  district  on  the  day  and 8a 
month  of  election  named  in  section  two  of  this  chapter, 
of  any  year,  in  the  manner  following,  that  is  to  say :  The 
board  shall  prepare  and  sign  a  notice  setting  forth  the 
kind  of  school  proposed :  the  place  where  it  is  to  be 
located:  the  estimated  expense  of  establishing  the  same, 
including  cost  of  site,  building,  furniture,  books  and 
apparatus  and  the  estimated  annual  expense  of  support- 
ing the  school  after  it  is  in  operation,  with  such  other 
information  concerning  it  as  they  may  deem  proper; 
and  stating  that  the  question  of  authorizing  the  estab- 
lishment of  such  school  will  be  submitted  to  the  voters 
of  the  district,  at  the  election  specified  in  the  notice, 
which  they  shall  cause  to  be  posted  four  weeks  before 
the  election  in  at  least  three  of  the  most  public  places 
in  the  district.  A  poll  shall  thereupon  be  taken  upon 
the  said  question,  at  the  election  specified  in  the  notice, 
and  the  result  ascertained  in  like  manner  as  is  prescribed 
in  section  two  of  this  chapter.  The  ballots  used  in 
voting  on  the  question  shall  have  written  or  printed 
thereon  the  words,  "For  the  high  school,"  or  "Against 
the  high  school."  If  it  appear  by  the  result  of  said  poll 
that  not  less  than  three-fifths  of  the  voters  who  voted 
on  the  question  are  in  favor  of  authorizing  the  establish- 
ment of  said  school,  the  board  of  education  may  then 
proceed  to  obtain  the  site  and  provide  proper  buildings, 
fixtures  and  improvements,  and  procure  necessary  furni- 
ture, books  and  apparatus  for  the  said  school,  to  sup- 
port the  same  after  it  is  put  in  operation ;  for  which  pur- 
pose the  board  may  annually  levy  an  additional  tax  on  Additional 
the  property  taxable  in  their  district,  not  to  exceed  in  hTg'h Schools, 
any  one  year  thirty  cents  on  every  one  hundred  dollars 
valuation  thereof,  according  to  the  latest  assessment  for 
State  and  county  taxation.  The  said  school  shall  be 
under  the  care  and  direction  of  the  board  of  education 
of  the  district  in  which  it  is  established. 

LI.  The  maximum  rate  of  levy  is  50  cents  on  the  one  hundred  dol- 
lars, for  country  and  village  schools  except  as  provided  in  section 
40,  but  for  the  support  of  high  schools  established  in  accordance 
with  the  provisions  of  this  section,  there  may  be  an  additional  levy 
of  30  cents  on  the  one  hundred  dollars,  thus  making  the  maximum 
rate  for  the  support  of  these  schools  80  cents  on  the  one  hundred 
dollars,  and  the  power  to  levy  to  this  extent  is  granted  to  the  board 
by  the  vote  of  the  people  when  the  high  school  is  established. 


30 


SCHOOL  LAW  OF  WEST  VIRGINIA 


High  school 
may  be 
established 
by  two  or 
more 
districts. 


Directors  of 
joint  high 
school. 


Care  and 
dlrectioa  of 
joint  school. 


Director  s 
report. 


25.  In  like  manner,  if  the  boards  of  education  of  two 
or  more  districts,  whether  in  the  same  or  different  coun- 
ties, deem  it  expedient  to  jointly  establish  and  support 
a  high  school,  they  may  submit  the  question  of  author- 
izing   the    same    to  the  voters  of  their  districts,    sepa- 
rately, and  in  the  manner  prescribed  in  section  twenty- 
four  of  this  chapter,  specifying  in  the  notice  the  amount 
or  proportion  of  the  expense  which  each  district  is  to 
contribute ;  and  if  authorized  by  not  less  than  three-fifths 
of  the  voters  voting  on  the  question  in  each  district, 
may  proceed  jointly  to  establish  and  support  the  said 
school;  and  for  that  purpose  the  said  boards  may  annu- 
ally levy  a  tax  on  the  property  taxable  in  their  respec- 
tive 'districts,  not  to  exceed  in  any  one  year  the  rate  of 
thirty  cents     on  every  one  hundred     dollars  valuation 
thereof. 

The  said  school  shall  be  under  the  care  and  direc- 
tion of  directors,  to  be  selected  and  removed  from  time 
to  time  in  such  manner  as  the  boards  of  education  con- 
cerned may  agree  upon,  or  when  there  is  no  such  agree- 
ment, under  the  care  and  direction  of  the  board  of 
education  of  the  district  in  which  the  school  house  is 
situated,  and  the  boards  of  education  concerned  shall 
from  time  to  time  prescribe  such  regulations  as  they 
may  deem  necessary  respecting  the  school. 

26.  The  board  of    directors  who  have  the  care  and 
direction  of  the  said  school  shall  appoint,  and  may  re- 
move the  teachers,  shall  fix  their  salaries;  prescribe  the 
branches  of  learning  to  be   taught;   the  time  the  school 
shall  be  kept  open;  the  ages  and  qualifications  of  the 
scholars  to  be  admitted,  admit  scholars  from  non-con- 
tributing districts  on  such  terms  of  tuition  as  they  may 
deem  proper;  expel  or  suspend  scholars  when  necessary; 
ascertain  and  certify  the  expenses  of    the    school,    of 
which  they  shall  cause  exact  accounts  to  be  kept;  and 
prsscribe  all  needful  regulations  respecting  the  school, 
subject,  nevertheless,  to  any  regulations  respecting  the 
same  that  may  be  prescribed  pursuant  to  the  preceding 
section. 

They  shall  annually  report  through  their  secretary  on 
or  before  the  twentieth  day  of  July,  to  the  superintend- 
ent of  free  schools  for  the  county  in  which  the  school 
house  is  situated,  such  particulars  respecting  the 
schools  as  the  State  Superintendent  of  Free  Schools 
may  require;  and  the  county  superintendent  shall  trans- 
mit the  report,  with  such  remarks  and  additional  infor- 
mation as  he  deems  proper,  to  the  State  Superintend- 
ent. 


SCHOOL  LAW  OF  WEST  VIRGINIA  31 


The  boards  of  education  of  any  district  may  also 
establish  graded  schools  in  towns,  villages  and  densely 
populated  neighborhoods  of  their  respective  districts, 
employ  teachers  therefor,  and  make  such  special  regu- 
lations as  may  be  necessary  to  conduct  them.  But  in 
every  such  case  involving  additional  taxation,  the  mat- 
ter shall  be  first  submitted  to  a  vote  of  the  people  and 
their  consent  obtained,  as  is  prescribed  in  section  twenty- 
four  in  case  of  a  high  school  ;  Provided,  That  no  addi- 
tional levy  for  a  graded  school  shall  exceed  in  any  one 
year  fifteen  cents  on  every  hundred  dollars  valuation. 
Provided,  further,  When  any  sub-district  having  graded 
schools,  desires  a  longer  term  of  school  than  four  months,  schools. 
it  shall  be  the  duty  of  the  board  of  education  on  the  pe- 
tition of  the  taxpayers  of  such  sub-district  to  submit  the 
question  to  the  voters  of  said  sub-district,  at  such  tini3 
and  place  as  they  may  fix,  by  posting  notices  ten  days 
before  said  election,  setting  forth  the  number  of  months 
the  said  school  shall  be  run,  including  the  State  Fund 
and  their  proper  share  of  any  district  levy  that  may  be 
levied  in  the  districts  for  the  support  of  the  schools  of 
said  districts. 

It  shall  be  the  duty  of  the  assessor,  with  the  assistance  Asses  ^oj 
of  the  secretary  of  the  board  of  education,  to  furnish  iTst8of  proper- 
such  board  a  list  of  the  property,  both  real  and  personal,  ty* 
assessed  by  him  in  said  sub-district,  for  State  and  county 
purposes.     And  the  said  board  of  education  may  pro- 
vide for  the  extending  of  the  said  tax,  and  provide  for 
the  collection  of  the  same,  under  such  rules  and  regula- 
tions as  they  may  provide,  and  use  the  fund  thus  col- 
lected for  the  running  of  such  graded  schools. 

LII.  I  am  of  the  opinion  that  under  chapter  45,  section  26,  of  the 
Code,  the  board  of  education  of  a  district  can  not  declare  all  the 
schools  in  their  district,  graded  schools,  and  refuse  to  appoint  trus- 
tees, etc.,  as  required  by  law. 

If  a  board  of  education  employs  the  teachers  in  their  district 
under  the  conditions  heretofore  mentioned,  the  contracts  with  such 
teachers  are  illegal,  and,  in  my  opinion,  cannot  be  enforced.  —  Romeo 
H.  Freer,  Attorney  -General. 

LIII.  "No  vote  o^.  the  people  is  necessary  as  a  condition  prece- 
dent to  the  establishing  of  a  graded  school  in  a  district  in  case  such 
school  does  not  increase  the  levy  over  the  fifty  cent  limit  named  im 
section  40.  The  vote  to  authorize  any  levy  must  be  taken  as  re- 
quired by  section  2.  Section  26  specifically  requires  a  vote  where  the 
cost  involves  a  levy  in  excess  of  such  fifty  cents.  I  find  no  authority 
for  continuing  a  graded  school  any  longer  period  than  other  schools  of 
a  district."  —  Alfred  Caldwell,  Attorney-General. 

LIV.  The  number  of  tax-payers  who  are  to  petition  for  more 
than  five  months  school  in  a  sub-district  is  left  to  the  discretion  of 
the  board.  There  should  be  a  sufllcient  number  on  the  petition  to 
indicate  that  the  desire  was  seriously  entertained  and  entitled  to  re- 
spect. 

LV.  The  vote  should  be  taken  not  later  than  the  10th  of  May,  so 
that  if  the  increased  rate  of  levy  is  authorized,  the  assessor  may 
have  the  necessary  time  in  whick  to  extend  same  on  his  books.  The 


32  SCHOOL  LAW  OF  WEST  VIRGINIA 

rate  of  levy  being  50  cents  on  the  one  hundred  dollars,  the  increase 
to  be  voted  upon  can  not  exceed  fifteen  cents  additional,  making  the 
maximum  levy  for  the  support  of  a  graded  school  65  cents  on  the 
one  hundred  dollars. 

LVI.  "The  board  should  have  the  sheriff  collect  the  taxes  for  the 
graded  school.  They  should  enter  an  order  authorizing  him  to  col- 
lect. It  would  not  be  best  to  order  the  collection  by  any  one  else.  —  • 
Alfred  CaldwelL  Attorney  -General. 


Kindergarten  "     That  ^ne  board  of  education  of  any  school  dis- 

schooist  trict,  in  which  there  is  a  city,  town  or  village,  of  one  thou- 
sand population  or  more,  may  establish  in  connection 
with  the  schools  of  such  district  a  kindergarten,  to  which 
may  be  admitted  children  between  the  ages  of  four  and 
six  years,  under  such  regulations  as  may  be  prescribed 
by  law  for  the  admission  of  youth  to  the  other  schools 
of  such  district. 

Every  person  employed  as  teacher  in  such  kinder- 
garten shall  either  hold  a  diploma  from  a  kindergarten 
college,  or,  in  addition  to  holding  such  a  certificate  as  is 
required  of  other  persons  employed  as  teachers  in  the 
schools  of  this  State,  be  duly  examined  as  to  the  kinder- 
garten methods  and  theories,  in  such  manner  as  the  board 
of  education  may  prescribe. 

.[Note.  —  Most  of  the  provisions  of  sec.  27  are  repealed  by  sec.  28a.] 
County  board 

of  examiners,  27.  There  shall  be  in  every  county,  for  the  purpose 
of  examining  and  certifying  teachers,  a  county  board  of 
examiners,  to  be  composed  of  the  county  superintend- 
ent, who  shall  be  ex-officio  president,  and  two  experi- 
enced teachers,  each  of  whom  shall  have  received  a 
teacher's  state  certificate  or  a  number  one  county  cer- 
tificate, or  be  a  graduate  of  some  reputable  school,  to  be 
nominated  by  the  county  superintendent  and  appointed 
by  the  presidents  of  the  district  boards  of  education, 
at  a  meeting  for  that  purpose,  to  be  held  at  the  county 
seat  on  the  first  Wednesday  in  July,  1893,  one  of  whom 
shall  be  appointed  for  a  term  of  two  years  and  one  for 
one  year,  and  thereafter  one  member  annually  for  a 
term  of  two  years,  at  which  meeting  a  majority  of  said 
presidents,  or  any  three  thereof,  shall  constitute  a 
quorum.  It  shall  be  the  duty  of  the  county  superin- 

Vacancies.      tendent  to  attend  such  meetings. 

Vacancies  in  said  board  of  examiners  shall  be  filled  by 
the  presidents  in  the  same  manner  as  members  of  said 
board  are  appointed,  and  it  shall  be  the  duty  of  the 
county  superintendent,  upon  ten  days'  notice,  to  call 

Com  <  meetings  of  said  presidents  at  the  county  seat  for  that 

tio?ofnexam-  purpose.  The  board  of  examiners  shall  each  receive  a 
compensation  of  three  dollars  per  day  for  each  day  actu- 
ally and  necessarily  employed  in  conducting  the  examin- 
ations, and  for  one  day  at  each  of  the  two  stated  exam- 
inations required  in  section  twenty-eight  of  this  chapter 


SCHOOL  LAW  OP  WEST  VIRGINIA  33 

to  bo  spent  in  consultation  and  preparation  for  their 
duties.  This  compensation  shall  be  paid  out  of  tiie  fees 
received  from  the  teachers  examined,  and  shall  in  no 
case  exceed  the  amount  thereof. 

The  county  superintendent  shall    collect    from    every 
person  who  applies  for  examination  a  fee  therefor  of 
one  dollar,  out  of  which  he  shall  pay  the  per  diem  of 
the  board  of  examiners,  and  the  expense  of  the  notice  County  Su_ 
required  by  the  twenty-eighth  section  of  this  chapter,  perintendent 

if  -r?  i         i     n  *t-        i        -£e    1      i      to  collect  fees 

and  the  balance,  if  any,  he  shall  pay  to  the  sheriff,  to  be  and  return 
placed  to  the  credit  of  the  distributable  fund  of  the account- 
county  received  from  the  State,  and  distributed  with  it. 
He  shall  at  the  end  of  each  school  year,  make  and  re- 
turn to  the  clerk  of  the  county  court,  and  also  to  the 
State  Superintendent,  a  detailed  and  certificed  account  of 
the  names  of  all  applicants  for  examination ;  the  amount 
of  the  fees  received  by  him  for  the  same;  the  'amount 
paid  out  to  the  members  of  the  board  of  examiners,  and 
the  balance,  if  any,  placed  to  the  credit  of  the  distri- 
butable fund  of  the  county  as  aforesaid. 

LVII.  Presidents  of  independent  school  districts  should  partici- 
pate in  the  election  of  members  of  the  board  of  examiners  excep't 
where  their  teachers  are  not  required  to  be  examined  by  said  board, 
as  in  Wheeling,  Huntington,  Charleston,  Martinsburg,  &c. 

LVII  I.  No  more  than  two  names  should  be  proposed  to  the  presi- 
dents of  the  boards  of  education  at  one  time  for  members  of  the  board 
of  examiners.  If  either  or  both  are  rejected,  then  other  nominations 
should  be  made. 

LIX.  No  person  other  than  a  teacher  should  be  appointed  a  member 
of  the  board  of  examiners. 

LX.  All  appointees  must  hold  No.  1  certificates  or  their  equiva- 
lents. 

LXI.  The  county  superintendent  has  the  sole  right  to  name  candi- 
dates to  the  presidents  for  members  of  the  board  of  examiners. 

LXII.  All  school  officers,  including  members  of  the  boards  of  ex- 
aminers, are  required  to  take  the  oath  prescribed  by  tne  constitution, 
section  5,  Article  IV. 

LXIII.  The  presidents  of  the  boards  of  education  have  no  authority 
to  elect  persons  members  of  the  board  of  examiners  not  nominated 
by  the  county  superintendent. 

LXIV.  The  offices  of  president  of  board  of  education  and  member 
of  the  board  of  examiners  are  incompatible. 

LXV.  In  case  there  is  more  money  received  from  fees  in  one  exam- 
ination than  pays  tho'per  diem  of  the  members  of  the  board  and  the 
publication  of  notice,  the  residue  may  be  used  to  pay  per  diem  of 
members  of  the  board  in  subsequent  examinations  in  the  same  year 
where  the  receipts  are  insufficient. 

LXVI.  It  is  the  duty  of  the  county  superintendent  to  preserve  the 
manuscripts  of  the  teachers  who  -are  examined,  for  at  least  one  year 
from  their  date. 

LXVII.  It  is  a  gross  violation  of  official  duty  for  the  presidents 
to  remain  absent  from  the  meeting  for  the  purpose  of  avoiding  the 
appointment  of  examiners.  They  are  subject  to  be  fined  under  s. 
50  School  Law.  Examiners  hold  over  until  a  new  appointment  is 
made  of  successors. — Alfred  Cnldirell,  Attorney-General. 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Teachers 
must  have  a 
certificate. 


Teachers 
examined  in 
certain 
branches. 


Certificate 

county6  where 
issued. 


Examina- 
ce??ain  time's! 


Examiners 
tendentemay 


[Note.  —  Most  of  the  provisions  of  sec.  28  are  repealed  by  sec.  28a.] 

28.  No  teacher  shall  be  employed  to  teach  any  public 
school  of  this  State  until  he  shall  have  presented  to  the 
trustees,  directors  or  board  having  charge  of  such  school, 
a  certificate  in  duplicate  of  his  qualifications  to  teach  a 
school  of  the  grade  for  which  he  applies,  the  duplicate 
of  which  shall  be  filed  with  the  secretary  of  the  board  of 
education  of  the  district  in  which  the  school  is  situated 
and  so  endorsed  on  the  original  by  the  secretary  ;  and  no 
salary  shall  be  paid  to  any  teacher  unless  duplicate  be 
filed  as  aforesaid. 

The  board  of  examiners  shall  examine  each  candidate 
for  the  profession  of  teacher,  who  may  apply  to  them, 
as  tfl  his  or  her  competency  to  teach  orthography,  read- 
ing, penmanship,  arithmetic,  English  grammar,  geog- 
raphy, history,  single  entry  book-keeping  and  civil 
government,  if  the  application  be  for  a  primary  school, 
and  if  the  application  be  for  a  higher  school,  they 
shall  examine  the  applicant  as  to  his  competency  to 
teach  the  additional  branches  required  for  such  school, 
and  is  satisfied  of  the  competency  of  the  applicant  to 
teach  and  govern  such  schools,  and  that  he  or  she  is  of 
good  moral  character  and  not  addicted  to  drunkenness, 
they  shall  give  a  certificate  in  duplicate  accordingly. 
The  county  superintendent  shall  keep  a  register  of  ail 
certificates  awarded  by  the  board  of  examiners,  stating 
the  character  and  grade  of  certificate  and  the  time  when 
issued. 

No  certificate  shall  be  issued  by  the  board  of  examin- 
ers>  except  upon  an  actual  examination,  participated  in 
by  a  majority  of  the  board,  or  be  of  force  except  in  the 
county  in  which  it  was  issued,  nor  for  a  longer  period 
than  one  year,  except  as  provided  in  section  twenty-nine 
of  this  chapter,  and  the  board  of  examiners  may,  upon 
proper  evidence  of  the  fact,  revoke  the  certificate  of 
any  teacher  within  the  county,  for  any  cause  which 
would  have  justified  the  withholding  thereof,  when  the 
same  was  granted,  by  giving  ten  days  notice  to  the 
teacher  of  their  intent  to  do  so. 

The  board  of  examiners  shall,  at  two  stated  periods 
^n  eac^  vear?  agreed  upon  by  themselves,  of  which  they 
shall  give  due  notice,  hold  public  examinations,  at  which 
all  applicants  for  certificates  shall  be  required  to  attend  ; 
and  should  circumstances  require  it,  the  county  super- 
intendent may  call  extra  meetings  for  trie  same  purpose. 
County  superintendents  and  members  of  the  board  of 
examiners  may  be  employed  to  teach  without  the  certifi- 
required  of  other  teachers.  But  should  any  mem- 
ber of  the  board  of  education  or  school  trustee  be  em- 
ployed as  teacher,  it  shall  vacate  his  office. 


SCHOOL  LAW  OF  WEST  VIRGINIA  35 

LXVIII.  No  person  shall  be  employed  to  teach  a  public  school  Vho 
has  not  a  teacher's  certificate  regularly  issued  and  still  in  force.  Sub- 
stitute teachers  are  permissible  when  the  teacher  is  unavoidably  ab- 
sent, and  then  only,  with  the  consent  of  the  school  trustees.  Sub- 
stitutes should  have  certificates  of  same  grade  as  those  whose  places 
they  fill.  It  is  not  necessary  for  the  trustees  to  make  a  contract  with 
a  substitute.  A  teacher  can  not  engage  a  school,  make  a  contract 
for  it,  then  employ  a  substitute  and  himself  take  another  school. 

LXIX.  If  a  teacher  obtain  two  certificates  the  same  year,  he  may 
contract  with  the  trustees  on  either,  whether  of  the  same  or  different 
grades. 

LXX.  The  right  of  a  member  of  the  board  of  examiners  to  teach 
without  examination  is  confined  to  the  county  in  which  such  position 
is  held. 

LXXI.  The  members  of  the  board  of  examiners  are  authorized  to 
teach  without  certificates,  and  are  therefore  prohibited  from  issuing 
certificates  to  each  other. 

LXXII.  Section  30  of  chapter  45  of  the  Codje,  provides  that  all  cer- 
tificates for  the  school  year,  must  be  issued  after  July  first.   *   *   * 
There  is  no  provision  made  for  the  examination  of  a  county  superin- 
tendent while  in  office  as  he  has  the  right  to  teach  during  his  term 
of  office  without  a  certificate. — 7'.  »v.   Ifilci/.  Attorney-General. 

28a.  The  general  regulation,  direction  and  control  of  County  ex- 
•all  matters  relating  to  the  examination  of  applicants  f or 
teachers'  certificates  and  the  issuance  thereof,  including 
the  prepartion  of  questions,  the  grading  of  manuscripts,  tion  and  con 
the  granting  of  certificates,  the  control  and  government 
of  county  boards  of  examiners,  to  be  hereinafter  provid- 
ed for,  and  all  other  powers  necessary  for  carrying  into 
effect  the  provsions  of  this  act,  shall  hereafter  be  vested 
in  the  State  Superintendent  of  free  schools,  Provided, 
That  nothing  contained  herein  shall  be  construed  to  alter 
or  amend  section  twenty-nine^  of  chapter  forty-five  of 
the  code,  relating  to  the  powers  and  duties  of  the  state 
board  of  examiners. 

2.  Examinations  for  teachers  at  such  times  as  shall  be  Time  ami 
designated  by  the  State  Superintendent  of  free  schools, 

shall  be  held  simultaneously  in  each  of  the  counties  of 
this  State,  at  such  places  as  shall  be  designated  by  coun- 
ty superintendents;  Provided,  That  no  more  than  five 
such  examinations  be  held  annually. 

3.  For  the  preparation  and  printing  of  questions,  th^ 
grading  of  manuscripts,  the  transmission  of  certificates 
and  the  additional  clerical  work  demanded  by  .the  re- 
quirements of  this  act,  the  State  Superintendent  of  Free 
Schools  shall  be  allowed  an  amount  not  to  exceed  twenty-  Appropria- 
te hundred  dollars  annually,  which  sum  is  hereby  ap-  duetto?  ( 
propriated  and  set  apart  from  the  general  school  fund  exumination* 
of  this  State  for  this  purpose,  but  such  sum  shall  in  no 

event  exceed  the  amount  received  from  the  fees  provided 
for  in  section  eleven  of  this  act. 

4.  Applicants  for  teachers '  certificates  shall  be  re-  Branches. 


36 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Questions 

and 

Manuscripts. 


Age  and  oth 
er  qualifica- 
tions. 


Grading- 
manuscripts. 


Grades  of 
certificates. 


State  Super- 
intendent 
may  revoke 
certificates. 


quired  to  pass  an  examination  in  all  the  branches  re- 
quired to  be  taught  in  the  primary  free  schools  of  this 
State,  and  upon  which  they  are  now  required  to  pass  ex- 
amination by  law.  And,  it  shall  be  the  duty  of  the  State 
Superintendent  of  Free  Schools  to  prepare  questions  upon 
the  same  and  transmit  such  questions  to  the  county  sup- 
erintendent of  each  county,  properly  sealed,  to  preclude 
examination,,  and  such  county  superintendent  shall  open 
and  seal  all  manuscripts,  in  the  presence  of  the  county 
board  of  examiners  and  the  assembled  applicants,  and 
conduct  such  examination  in  a  manner  to  be  fully  pre- 
scribed by  the  State  Superintendent.  At  the  conclusion 
of  such  examination,  the  county  superintendent  and 
board  of  examiners  shall  forward  to  the  State  Superin- 
tendent properly  sealed,  all  manuscripts  submitted  to 
them,  in  accordance  with  full  instructions  to  be  furnished 
by  the  State  Superintendent,  together  with  such  informa- 
tion, statements  or  affidavits  as  the  State  Superintendent 
may  require.  But  no  applicant  known  by  the  board  of 
examiners  not  to  be  of  good  moral  character,  or  to  be  ad- 
dicted to  drunkenness,  or  not  to  have  attained  the  age  of 
seventeen  years,  shall  be  admitted  to  such  examination. 

5.  Within  a  reasonable  time  after  the  receipt  of  the 
foregoing  manuscripts,  from  the  board  of  examiners,  it 
shall  be  the  duty  of  the  State  Superintendent  and  his  as- 
sistants to  examine  and  grade  the  same,  and  to  issue  cer- 
tificates based  thereon,  observing  the  following  regula- 
tions in  regard  to  the  same : 

I.  Such  certificate  shall  state  the  applcant's  grade  or 
proficiency  in  each  branch  in  which  he  is  examined. 

II.  Three  grades  of  certificates  shall  be  issued,  based 
upon  the  following  scale : 

First  grade  certificates  shall  be  issued  to  all  applicants 
who  attain  a  general  average  of  ninety  per  cent,  on  a 
scale  of  one  hundred  per  cent.,  and  not  less  than  seventy- 
five  per  cent,  on  any  one  branch;  second  grade  certifi- 
cates shall  be  issued  to  all  applicants  who  attain  a  general 
average  of  eighty  per  cent,  and  not  lower  than  seventy 
per  cent,  on  any  one  branch ;  third  grade  certificates  shall 
be  issued  to  all  applicants  who  attain  a  general  average 
of  seventy  per  cent,  and  not  lower  than  sixty  per  cent, 
on  any  one  branch.  Failure  to  attend  teachers'  institutes, 
as  required  by  law,  shall  be  deemed  sufficient  reason  for 
withholding  the  certificate  of  any  applicant. 

The  State  Superintendent  may,  upon  proper  evidence 
of  the  fact  or  charges  by  the  county  board  of  examiners, 
revoke  the  certificate  of  any  teacher  for  any  cause  which 
would  have  justified  the  withholding  thereof  when  the 


SCHOOL  LAW  OF  WEST  VIRGINIA  37 

same  was  granted,  by  giving  ten  days  notice  to  such 
teacher,  of  his  intention  to  do  so. 

(>.  All  certificates  so  issued,  shall  be  signed  by  the  signed  by 
State-  Superintendent  and  forwarded  by  him  to  the  proper 
coimty  superintendent,  who  shall  countersign  same  and  Iv 
deliver  to  the  teachers  entitled  thereto.  And  such  certi-  counties, 
ficates  shall  supersede  any  and  all  other  examinations  re- 
quired of  the  persons  holding  them,  except  those  that 
may  be  especially  authorized  by  law  in  independent 
school  districts  of  this  State,  and  shall  be  valid  in  any 
school  district  in  the  State,  unless  revoked  as  provided 
for  in  section  five. 

7.  First-grade  certificates  shall  be  valid  for  a  period  Term  of 
of  five  years;  second-grade  certificates  for  a  period  of C( 
three  years,  and  third-grade  certificates  for  a  period  of 

one  year,  and,  such  third  grade  certificate  shall  not  be 
issued  to  the  same  applicant  more  than  twice.  The  State 
Superintendent  and  county  superintendent  shall  each 
keep  a  register  of  all  certificates  awarded,  stating  the 
character  and  grade  of  each  and  date  thereof. 

8.  If  any  county  superintendent  intentionally  changes  Penalties  for 
the  examination  prescribed  by  the  State  Superintendent,  c 

or  commits  any  fraud  with  intent  to  assist  or  hinder  any 
person,  in  securing  a  certificate,  it  shall  be  sufficient 
cause  to  declare  the  office  of  the  said  county  superinten- 
dent vacant.  If  any  other  person  tampers  with  the  ques- 
tions before  examination,  or  with  the  manuscripts  after 
the  examination,  or  attempts  to  render  aid  in  any  exam- 
ination, he  shall  be  fined  ten  dollars  and  confined  in  jail 
ten  days,  upon  complaint  and  conviction  before  any  jus- 
tice of  the  peace.  All  county  certificates  now  outstand- 
ing, shall  be  good  for  the  county  and  for  the  time  marked 
on  the  face  thereof,  but  shall  not  be  renewed.  Any  coun- 
ty superintendent  who  knows  of  any  immorality  on  the 
part  of  any  person  holding  a  county  certificate  shall,  if 
the  person  so  offending  live  in  his  county,  after  giving 
due  notice  .to  such  person,  suspend  the  said  certificate 
for  twelve  months ;  and  if  the  person  so  offending  be  a  res- 
ident of  another  county,  he  shall  notify  the  superinten- 
dent of  that  county,  after  giving  due  notice  to  such  per- 
son, who  shall  suspend  the  certificate  for  twelve  months. 
In  either  case,  the  suspension  shall  be  marked  upon  the 
back  of  the  certificate.  Any  person  who  refuses  to  sur- 
render his  certificate,  when  demanded,  for  the  purpose  of 
having  said  suspension  marked  on  it,  shall  be  disqualified 
for  two  years  from  teaching  in  this  State. 

9.  Any  applicant  feeling  himself  aggrieved  by  any  Right  of 
action  or  ruling  of  the  county  superintendent  or  board  of  uppeal< 


38 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Offices  va- 
cated by 
teaching. 


Members  of 
board  of 
examiners. 


examiners,  shall  have  the  right  of  appeal  to  the  State 
Superintendent,  whose  decision  shall  be  final. 
NO  person  to      10.    No  person  shall  be  employed  to  teach  in  a  public 

teach  without      ,        ,       ,,  ,,  .      ~t  .  .,   ,      %    %_, 

certificate  school  of  this  State,  until  he  shall  have  presented  to  the 
bersPotfIb<oard  trustees  or  board  having  charge  thereof,  a  certificate  in 
of  examiners,  duplicate  of  his  qualification,  which  duplicate  shall  be 
filed  with  the  secretary  of  the  board  of  education  of  the 
district  wherein  said  school  is  situated,  and  so  indorsed 
on  the  original  by  the  secretary,  and  no  salary  shall  be 
paid  to  any  teacher  unless  such  duplicate  be  so  filed. 
Members  of  the  board  of  examiners  may  be  employed  to 
teach  without  the  certificates  required  of  other  teachers, 
but  should  any  member  of  the  board  of  education,  or  any 
school  trustee,  be  employed  as  teacher,  it  shall  vacate  his 
office. 

11.  There  shall  be  in  every  county  for  the  purpose  of 
examing  teachers  a  county  board  of  examiners,  to  be  com- 
posed of  the  county  superintendent,  who  shall  be  ex-officio 
president,  and  two  experienced  teachers,  each  of  whom 
shall  have  received  a  teacher's  state  certificate  or  a  num- 
ber one  county  certificate,  or  be  a  graduate  of  some  repu- 
table school,  to  be  nominated  by  the  county  superinten- 
dent and  be  appointed  by  the  presidents  of  the  district 
boards  of  education,  as  now  prescribed  by  law,  one  mem- 
ber to  be  appointed  annually  for  a  term  of  two  years,  at 
which  meeting  a  majority  of'said  presidents,  or  any  three 
thereof,  shall  constitute  a  quorum.  It  shall  be  the  duty 
of  the  county  superintendent  to  attend  such  meeting. 

Vacancies  in  said  board  of  examiners  shall  be  filled  by 
the  presidents  in  the  same  manner  as  members  of  said 
board  are  appointed,  and  it  shall  be  the  duty  of  the  coun- 
ty superintendent,  upon  ten  days  notice,  to  call  meet- 
ings of  said  presidents  at  the  county  seat  for  that  pur- 
pose.  The  board  of  examiners  shall  each  receive  a  com- 
pensation  of  three  dollars  per  day  for  each  day  actually 
and  necessarily  employed  in  conducting  the  examina- 
tions. The  county  superintendent  shall  collect  from 
every  applicant  a  fee  of  two  dollars,  out  of  which  fees 
he  shall  pay  the  per  diem  of  the  board  of  examiners,  and 
the  expenses  of  the  notice  and  of  conducting  such  ex- 
amination, but  such  per  diem,  and  expenses  shall  not 
exceed  one-half  of  the  fees  so  collected;  the  remainder 
of  such  fees  he  shall  pay  to  the  Auditor  of  the  State  to  be 
placed  to  the  credit  of  the  general  school  fund  of  tho 
State.  He  shall,  at  the  close  of  all  examinations,  make 
ancl  return  to  the  State  Superintendent  of  Free  Schools,  a 
detailed  and  certified  account  of  the  names  of  all  appli- 
cants for  examination  ;  the  amount  of  fees  collected  by 


Vacancies 


compensa- 


Account  of 
fJndlination 


SCHOOL  LAW  OF  WEST  VIRGINIA  39 

him;  the  amount  paid  out  as  above  provided,  and  the 
b.alance  placed  to  the  credit  of  the  general  school  fund, 
as  aforesaid. 

All  acts  or  parts  of  acts  inconsistent  with  any  of  the 
provisions  of  this  act,  are  hereby  repealed. 

LXXIII.  I  am  clearly  of  the  opinion  that  the  Legislature  never 
intended  to  say  that  because  a  trustee  should  teach  in  a  district 
other  than  the  one  for  which  he  is  trustee  that  his  office  would  thereby 
be  vacated.  I  can  see  the  legal  impropriety  of  a  teacher  being  trustee 
in  his  own  district  and  possibly  thus  employing  himself ;  but  surely 
he  would  have  the  right  to  teach  in  another  district  under  a  contract 
with  the  trustees  of  such  other  district. — Romeo  H.  Freer,  Attorney- 
General. 

[Note. — Most  of  the  provisions  of  sec.  29  are  repealed  by  sec.  28a.] 

29.     The  following  regulations  shall  be  observed  by  Srgb^ardn  ef 
boards  of  examiners  with  regard  to  examinations  and examlners- 
granting  teachers'  certificates: 

First.  No  applicant  shall  be  admitted  to  examination 
unless  the  board  shall  have  reasonable  evidence  that  he 
or  she  is  of  good  moral  character  and  temperate  habits, 
and  has  attained  the  age  of  sixteen  years. 

Second.  No  college  diploma  or  certificate  of  recom- 
mendation from  the  president  or  faculty  of  any  college 
or  normal  school  or  academy  shall  be  taken  to  super- 
sede the  necessity  of  examination  by  the  board  of  exam- 
iners, nor  shall  a  certificate  be  granted  to  any  applicant 
except  after  a  careful  examination  upon  each  branch  of 
study  and  upon  the  art  of  teaching.  • 

Third.  Boards  of  examiners  and  others  herein  author- 
ized to  confer  certificates  shall  state  the  teacher's  grade 
of  proficiency  in  each  branch  in  which  he  is  examined. 

Fourth.  They  shall  grade  the  certificate  granted  ac- 
cording to  the  following  scheme  numbering  them  ac- 
cording to  the  merit  of  the  applicant  from  one  to  three :  Fir8t  grade 

The  first  grade  certificate  shall  be  issued  to  all  appli-  certificates, 
cants  who  shall  pass  an  examination  in  all  the  branches 
required  to  be  taught  in  the  primary  free  schools  of  the 
State,  and  in  addition  thereto  the  theory  and  art  of 
teaching,  general  history,  civil  government  and  book- 
keeping, and  obtain  a  general  average  of  ninety  per 
cent,  on  a  scale  of  one  hundred  per  cent,  and  not  less 
than  seventy-five  on  any  one  branch;  which  certificates 
shall  be  valid  for  a  period  of  four  years  and  shall  be 
re-issued  once  without  examination  at  the  discretion  of 
said  board  of  examiners,  provided  the  holder  has  taught 
two  years  on  said  certificate.  eec0nd  rade 

The  second  grade  certificate  shall  be  Issued  to  all  ap-  e 
plicants  who  shall  pass   an   examination   upon   all   the 
branches  required  to  be  taught    in    the    primary  free 
schools  and  in  addition  thereto  civil  government  and  the 
theory  and  art  of  teaching  and  obtain  a  general  average 


40  SCHOOL  LAW  OF  WEST  VIRGINIA. 

of  eighty  per  cent,  and  not  lower  than  seventy  per  cent, 
on  any  one  branch,  which  shall  be  valid  for  a  period  of 
two  years  and  be  re-issued  only  upon  examination. 

Third  grade.  The  third  grade  certificate  shall  be  granted  to  appli- 
cants who  shall  pass  a  satisfactory  examination  in 
the  branches  required  to  be  taught  in  the  primary  free 
schools,  and  the  theory  and  art  of  teaching  and  obtain 
a  general  average  of  seventy  per  cent,  and  not  lower 
than  sixty  per  cent,  in  any  one  branch,  and  be  valid  for 
a  period  of  one  year  and  be  re-issued  only  upon  exami- 
nation and  then  not  to  the  applicant  more  than  twice. 
All  grades  of  county  certificates  provided  by  law  shall 
be  granted  at  the  same  examination.  Failure  to  attend 
the  teachers'  county  institute  where  such  attendance 
may  be  required  of  teachers  holding  any  of  these  grade 
certificates  unless  excused  by  law  or  unless  said  failure 
may  be  for  reasons  deemed  sufficient  by  the  county 
board  of  examiners  shall  be  cause  for  revoking  said  cer- 
tificate. 

state  Board  29«.  I  There  shall  be  a  State  board  of  examiners 
EKxamIners' which  shall  consist  of  four  competent  persons,  one  from 
each  congressional  district,  to  be  appointed  by  the  State 
Superintendent  of  Free  Schools:  the  term  of  office  of 
such  examiners  shall  be  four  years  and  vacancies  in  said 
board  shall  be  filled  by  the  State  Superintendent  of  Free 

Meetings.  Schools.  Said  board  shall  meet  at  two  different  places, 
at  least,  in  each  congressional  district  in  each  year,  for 
the  purpose  of  making  the  examinations  and  granting 
the  certificates  provided  for  in  this  act,  and  any  three  of 
said  members  shall  constitute  a  quorum. 

IJ-  Tne  hoard  thus  constituted  may  issue  two  grades 
of  certificates  to  such  as  are  found  to  possess  the  requi- 
site scholarship,  and  who  exhibit  satisfactory  evidence 
of  good  moral  character  and  of  professional  experience 
and  ability,  as  follows :  First  class  certificates  for  twrelve 
years;  second  class,  for  six  years.  Any  person  holding 
a  certificate  of  the  first  class,  who  shall  liave  taught  for 
eight  years  of  said  twelve  years,  shall  be  entitled,  with- 
out examination,  to  have  the  same  renewed  at  the  expi- 
ration of  the  said  twelve. 

The  second  class  to  be  issued  to  applicants  of  satis- 
factory attainments  in  the  branches  required  for  county 
certificates,  and  in  addition,  not  fewer  than  four  other 
branches  to  be  determined  upon  by  the  board. 

The  second  class  certificates  shall  be  issued  upon  ap- 
°f  P^cation,  without  examination,  to  the  graduates  of  the 

institutions.  State  University  of  West  Virginia,  of  the  Peabody  Nor- 
mal College  of  Tennessee,  of  the  State  normal  school 


SCHOOL  LAW  OF  WEST  VIRGINIA  41 

and  its  branches  of  West  Virginia,  and  of  other  schools 
in  this  State  whose  grade  of  work  is  equal  in  all  respects, 
in  the  judgment  of  the  board,  to  the  State  normal  school 
and  its  branches,  where  graduates  shall  have  presented 
to  the  board  satisfactory  evidence  that  they  have  taught 
successfully  three  years  in  the  State  under  a  number  ono 
county  certificate,  two  of  which  said  three  years  shall 
immediately  precede  the  application  for  such  certificate. 

Teachers  who  shall  present  to  the  board  satisfactory  J|™*  ^ex- 
evidence  that  they  have  taught  successfully  four  years, 
under  a  second-class  certificate,  shall  be  entitled  to  re- 
ceive, without  examination,  a  first-class  certificate  at  the 
expiration  of  the  second-class. 

The  board  shall  keep  a  record  of  the  proceedings,  Record, 
showing  the  number,  date  and  duration  of  each  certifi- 
cate, to  whom  granted,  and  for  what  branches  of  study, 
and  shall  report  such  statistics  to  the  State  Superintend- 
ent annually  on  or  before  the  thirtieth  day  of  Septem- 
ber. 

III.  All  certificates  issued   by    such   board   shall  be 
countersigned  by  the  Superintendent  of  Free  Schools; 
and  such  certificates  shall  supersede  any  and  all  other 
examinations  of  the  persons  holding  them,  by  any  board 
of  examiners,  and  shall  be  equivalent  to  a  number  one 
certificate  granted  by  a  county  board  of  examiners,  and 
shall  be  valid  in  any  school  district  in  the  State,  unless 
revoked  by  the  State  board  for  a  good  cause. 

IV.  Each  applicant  for  a  certificate  shall  pay  the Fee- 
board  of  examiners  a  fee  of  five  dollars. 

V.  The  board  of  examiners  shall  each  receive  a  com- 
pensation  of  five  dollars  per  day  actually  and  necessa- iners- 
rily  spent  in  conducting  the  examinations,  and  for  one 
day  to  be  spent  in  consultation  and  in  preparing  for 
their  duties  and  six  cents  per  mile  for  each  mile  neces- 
sarily traveled  in  going  to  and  returning  from  the  place 

of  examination.  This  compensation  shall  be  paid  out 
of  the  fees  received  from  the  teachers  examined,  and 
shall  in  no  case  exceed  the  amount  so  received. 

Said  board  shall,  at  the  end  of  each  school  year,  make  Annual  report 
and  return,  to  the  State  Superintendent  of  Free  Schools,  p?r?nten<fent. 
a  detailed  and  certified  account  of  the  names  of  all  the 
applicants  for  examination,  the  amount  of  the  fees  re- 
ceived, the  amount  paid  out  to  the  members  of  the  board, 
and  the  balance,  if  any,  shall  be  paid  over  to  the  treas- 
urer of  the  State,  to  be  placed  to  the  credit  of  the  dis- 
tributable school  fund. 

LXXIV.  Graduates  of  the  State  Normal  School  and  of  the  State 
University,  in  order  to  secure  the  second  class  certificates,  must 
present  to  the  State  board  of  examiners  satisfactory  evidence  that 


42 


SCHOOL  LAW  OF  WEST  VIRGINIA 


registers. 


they  have  taught  successfully  three  years  under  a  Number  1  county 
certificate ;  two  of  which  said  years  must  immediately  precede  the 
application  for  the  certificate. 

keep  daily  °  30.  Every  teacher  shall  keep  a  daily  register  and  make 
and  term  monthly  reports  to  the  secretary  of  the  board  of  educa- 
tion of  his  district.  He  shall  also  keep  a  term  register  in 
which  shall  be  entered  the  date  of  the  commencement 
and  termination  of  every  term  of  school,  the  name  and 
age  of  every  scholar  who  attended  the  school  during  said 
term,  the  daily  attendance,  distinguishing  between  males 
and  females,  the  branches  taught  and  the  number  of 
scholars  engaged  each  month  in  the  study  of  each  branch, 
and  such  other  particulars  as  are  necessary  to  enable  the 
secretaries  of  the  boards  of  education,  or  directors,  to 
make  the  reports  required  of  them;  and  such  monthly 
report  shall  in  addition  to  other  facts  now  required  show 
the  number  of  days  taught  by  a  substitute,  if  any,  and 
the  grade  of  .certificate  held  by  such  substitute. 

The  State  Superintendent  of  Free  Schools  shall  pre- 
scribe such  forms  and  regulations  respecting  the  register 
to  be  kept  and  the  reports  to  be  maide  by  the  teachers  as 
shall  seem  to  him  necessary.  At  the  close  of  each  term,  the 
register  thereof  shall  be  returned  by  the  teacher  to  the 
office  of  the  secretary  of  the  board  of  education  of  the 
Forfeit  for  district,  who  shall  file  the  same,  and  unless  such  register 
tur£rterm  re~  ^e  Pr°Perly  kept  and  returned,  the  teacher  shall  not  be 
register.  entitled  to  demand  payment  for  the  balance  due  on  his 
salary.  Teachers  shall  be  paid  monthly,  and  by  orders 
on  the  sheriff,  or  collectors,  signed  by  the  secretary  and 
president  of  the  board,  which  orders,  when  signed  as 
aforesaid  and  delivered  to  the  teacher,  shall  be  deemed 
at  once  due  and  payable.  When  any  teacher  has  taught 
according  to  his  contract,  for  one  month,  the  trustees 
for  the  sub-district  in  which  he  has  taught:  shall  certify 
the  fact  to  the  secretary  of  the  district  board,  whereupon 
he  shall  receive  from  said  secretary  an  order  upon  the 
sheriff  or  collector  of  the  county,  signed  by  the  secretary 
and  president  of  the  board  of  education,  for  one  month  '•; 
salary;  but  in  no  case  shall  such  order  be  given  unless 
the  monthly  report  containing  the  facts  required  in  the 
preceding  part  of  this  section,  to  be  shown  in  the  term 
register,  be  first  duly  made  out  and  returned  to  the  sec- 
retary. The  school  month  shall  consist  of  twenty  days,. 
excluding  Saturday,  all  of  which  shall  be  devoted  to 
teaching  the  school  contracted  for.  As  a  means  of  im- 
proving the  teachers  and  fitting  them  for  more  effective 
service  in  the  free  schools  of  the  State,  teachers'  insti- 
tutes shall  be  held  annually  throughout  the  State,  one  or 
more  in  each  county;  they  shall  be  held  at  sucH  places 


SCHOOL  LAW  OF  WEST  VIRGINIA  43 

as  the  State  Superintendent  shall,  with  the  advice  of  the 
county  superintendent,  direct,  and  during  the  week  pre- 
ceding that  school  term  in  each  county,  which  a  majority 
of  the  school  teachers  of  such  county  may  designate  by 
petition  to  the  county  superintendent,  or  by  vote  at  the 
preceding  teachers'  institute,  and  shall  continue  each  for 
one  week  of  five  days. 

And  every  person  employed  as  a  teacher  in  the  free  compensa- 
schools  of  the  State,  who  has  attended  a  county  institute,  institute 
shall  receive  pay  for  the  same  at  the  rate  of  one  dollar  attendance- 
and  fifty  cents  per  day  for  a  period  not  to  exceed  five 
days  in  any  one  year,  the  amount  of  such  compensation 
to  be  paid,  with  the  salary  of  the  last  month  of  the  school 
term,  out  of  the  building  fund  of  the  district. 

The  institutes  shall  be  conducted  by  experienced  and 
skillful  institute  instructors,  but  it  shall  be  a  part  of  the 
duty  of  the  county  superintendent,  under  the  instructions 
of  the  State  Superintendent,  to  make  all  proper  arrange- 
ments for  the  institutes,  and  to  assist  in  conducting 
them. 

The  instructors,  whom  the  State  Superintendent  shall 
appoint  as  herein  provided,  shall  each  receive  for  his  ser-  instructors, 
vices  not  more  than  twenty-five  dollars  and,  his  expenses 
for  each  institute  he  may  instruct,  to  be  paid  out  of  the 
general  school  fund  on  a  proper  order  of  the  State  Super- 
intendent, but  in  no  case  shall  the  amount  so  paid  ex- 
ceed one  hundred  dollars  for  any  one  institute. 

Every  teacher  enrolling  in  a  county  institute  shall  pay  institute  fee. 
an  institute  fee  of  one  dollar,  seventy-five  cents  of  which 
shall  be  remitted  to  the  Auditor  of  the  State  to  be  paid 
ino  the  State  treasury  to  the  credit  of  the  general  school 
fund,  and  twenty-five  cents  to  be  paid  for  incidental  ex- 
penses and  for  the  betterment  of  the  institute. 

The  county  superintendent  shall,  at  the  close,  of  the  in-  reports!6 
stitute,  forward  to  the  State  Superintendent  a  certified 
list  of  all  persons  enrolled  at  the  county  institute,  giving 
the  exact  time  each  was  in  attendance  and  the  amount 
of  money  received ;  he  shall  also  forward  to  the  Auditor 
seventy-five  cents  for  every  person  so  enrolled  in  his 
county. 

Within  the  months  of  July,  August  and  September  or 
other  month  after  the  institute,  the  county  board  of  ex- 
aminers shall  hold  one  of  the  two  examinations  prescribed 
in  section  twenty-eight. 

It  shall  be  the  duty  of  the  State  Superintendent  to  pre-  ^r*rd|dof  ,n 
scribe  a  graded  course  of  institute  work  covering  a  period  stitute  work, 
of  two  years,  which  shall  embrace  history  of  education, 
school  management,     methods  of  teaching,     educational 


44 


SCHOOL  LAW  OP  WEST  VIRGINIA 


Failure  to 

attend 

institute. 


Appropria 
tion  for 
institutes. 


who  exempt  psychology  and  such  other  subjects  as  may  be  prescribed 
from  institute  for  the  West  Virginia  Teachers'  Reading  Circle.  Any 
teacher  who  has  completed  the  graded  course  of  institute 
work  and  the  graded  course  of  professional  study  and 
passed  a  satisfactory  examination  thereon,  and  also  ob- 
tained a  number  one  teacher's  certificate,  shall  be  exempt 
from  further  compulsory  institute  attendance;  but  any 
teacher  so  exempt  may  attend  any  such  institute  and 
draw  pay  for  the  same  as  above  provided.  Any  teacher 
not  exempt  from  institute  attendance  who  shall  fail  or 
refuse  to  attend  at  least  one  institute  annually  held  under 
the  provisions  of  this  section,  unless  such  teacher  shall 
have  an  excuse  therefor  sufficient  in  the  judgment  of  the 
board  of  examiners,  shall  not  be  entitled  to  continue  or 
complete  the  school  term  wherein  he  may  be  teaching  or 
be  employed  to  teach,  in  any  free  school  during  the  year 
within  which  such  failure  or  refusal  may  have  occurred, 
and  it  shall  be  the  duty  of  the  county  superintendent  to 
see  that  such  teacher  or  teachers  are  compelled  to  stop 
teaching  for  the  year  in  which  such  failure  occurred. 

There  is  hereby  appropriated  for  the  support  of  said 
county  institutes,  from  the  general  school  fund,  the  sum 
of  six  thousand  dollars  for  the  year  1903,  and  six  thou- 
sand dollars  for  the  year  1904. 

All  acts  or.  parts  of  acts  inconsistent  with  this  section 
are  hereby  repealed. 

LXXV.  *  *  *  In  view  of  this  condition,  I  am  of  opinion  that 
institutes  may  be  held  any  time  after  the  third  Monday  in  July  of 
each  year,  and  possibly  as  late  as  November. — Remeo  H.  Freer,  At- 
torney-General. 

LXXVI.  The  secretary  of  the  board  should  carefully  examine  the 
monthly  summary  which  the  teacher  flies  at  the  end  of  each  month, 
for  it  should  contain  a  summary  of  what  the  teacher  is  recording  In 
his  term  register,  which  is  to  become  the  chief  basis  of  the  secre- 
tary's report  to  the  county  superintendent.  In  no  instance  should 
the  secretary  issue  the  teacher's  order  for  his  last  month's  salary 
until  the  term  register  is  found  to  contain  all  data  required  by  the 
above  section,  to  be  recorded  in  it. 

LXXVII.  "The  applicant  for  examination  for  a  teacher's  certificate 
must  have  a'ttended  one  institute  during  the  year  or  have  an  excuse 
for  not  so  attending  sufficient  in  the  judgment  of  the  board  of  exam- 
iners to  entitle  such  applicant  to  be  examined.  Such  attendance 
within  the  year,  or  such  excuse  is  a  condition  precedent  to  the  right 
to  be  examined." — Alfred  Caldwell,  Attorney-General. 

LXXVIII.  When  only  a  few  days  of  a  school  term  run  into  a  new 
year  the  school  may  be  reported  in  the  old  year,  but  if  a  month  or 
more  of  the  school  runs  into  the  new  year,  then  it  should  all  be 
reported  in  that  year. 

LXXIX.  The  per  cent,  of  attendance  and  absence  should  make  100 
without  the  per  cent,  of  non-membership. 

LXXX.  In  making  reports  to  the  secretary,  teachers  should  not 
count  children  of  the  sub-district  not  enrolled  in  the  school — when 
a  child  is  once  enrolled  he  should  be  accounted  for  during  the  whole 
term,  both  before  and  after  he  is  enrolled. 

T..XXXI.  It  is  the  duty  of  the  presidents  and  secretaries  of  the 
boards  of  education  to  issue  orders  for  money  directed  to  be  paid  by 
the  board. 


SCHOOL  LAW  OF  WEST  VIRGINIA  45 

LXXXII.  The  following  excuses  are  deemed  of  sufficient  importance 
in  all  departments  of  life  and  may  be  regarded  good  for  non-attend- 
ance at  the  institute :  Sickness,  death  of  a  near  relative,  and  attend- 
ance at  court  under  summons.  Frivolous  and  petty  excuses  should 
not  be  accepted. 

LXXXIII.  The  trustees,  if  they  employ  a  teacher  who  has  not 
complied  with  the  law  requiring  teachers  to  attend  institutes,  violate 
their  oath  of  office,  and  ought  themselves  to  be  removed  if  it  is  done 
wilfully.— A  If  red  Caldwell,  Attorney-General. 

LXXXIV.  The  holding  of  an  examination  or  the  issuing  of  a  cer- 
tificate in  any  year  prior  to  the  first  day  of  July  is  prokibite'd  by  law. 
The  school  year  begins  with  that  date,  and  all  certificates  should  be 
issued  with  reference  to  it.  If  a  certificate — good  for  one  year,  be 
issued  in  the  autumn  or  later,  it  terminates  with  the  first  day  of  the 
ensuing  July,  and  so  a  three  or  five  years'  certificate  issued  at  the 
same  time  would  end  with  the  first  day  of  July  three  or  five  years 
hence. 

31.  In  contracts  with  teachers,  it  shall  be  understood  Holidays, 
that  school  is  not  to  be  kept  in  operation  for  ordinary 
instruction  on  the  first  day  of  January,  fourth  day  of 
July,  or  the  twenty-fifth  day  of  December,  nor  any  Na- 
tional or  State  festival  or  Thanksgiving  day;  but  the 
month  or  time  mentioned  in  such  contract  shall  never- 
theless be  computed  as  if  the  said  days  were  included. 

32:  All  teachers,  boards  of  education,  and  other 
officers  are  hereby  charged  with  the  duty  of  providing 
that  moral  training  for  the  youth  of  this  State  which 
will  contribute  to  securing  good  behavior  and  manners, 
and  furnish  the  State  with  exemplary  citizens.  It  shall  B 
also  be  the  duty  of  every  school  trustee  to  see  that  the 
school  house  is  kept  clean  and  in  good  order,  and  that 
fires,  when  necessary,  are  made  and  kept  therein,  but  no 
expense  shall  be  incurred  therefor,  to  exceed  fifty  cents 
per  week,  and  the  amount  thus  expended  shall  be  cer- 
tified by  the  trustees  to  the  board  of  education,  and  shall, 
if  correct,  be  paid  out  of  the  building  fund  of  the  dis- 
trict. 

LXXXV.  Persons  building  fires  should  have  a  definite  contract 
with  the  trustees.  ******* 

The  Legislature  intended  by  enacting  s.  32  to  compel  the  trustees 
to  have  school  houses  kept  clean,  fires  made  and  kept,  &c.,  by  expendi- 
tures out  of  the  building  fund.  ***** 
The  trustees  have  no  right  to  alter  the  form  of  appointment  prescribed 
by  the  State  Superintendent  so  as  to  make  it  a  duty  of  the  teacher  to 
do  this  work  for  the  salary  he  is  to  get  out  of  the  'teachers'  fund.' 
I  fully  concur  with  the  opinion  given  by  my  predecessor 
(General  Watts)  upon  the  section  named. — Alfred  CaldwelL  Attorney- 
General. 

33.    The  president  of  the  board  of  education  of  every  President  of 
district  shall,  at  least  once  a  year,  examine  the  school  boar4  8ha" 
houses  and  schoo]  house  sites  in  the  district,  and  report  SSSdr 
the  condition  of  the  same  to  the  board ;  and  such  as  are,  house8- 
in  their  judgment,  properly  located  and  are  sufficient, 
or  can  with  reasonable  expense  be  rendered  so,  shall  be 
retained  -for  the  use  of  public  schools,   and  the  remain- 
der, with  the  consent    of    the    county   superintendent, 


46 


SCHOOL  LAW  OF  WEST  VIRGINIA 


sold. 


ubed~  sha11 


sold  at  Public  auction  or  otherwise,  by  the 
boar£  of  education,  and  on  such  terms  of  sale  as  the 
board  may  order  and  the  proceeds  added  to  the  build- 
ing fund:  Provided,  That  the  grantor  or  his  heirs  of 
any  such  school  house  site  shall,  if  he  or  they  so  desire, 
have  the  same  reconveyed  to  him  or  them,  without  the 
buildings  thereon,  (if  any),  upon  paying  to  the  board  of 
education  the  amount  received  by  such  grantor  for  such 
site  ;  or  in  case  no  compensation  was  paid  therefor,  the 
same  shall  be  so  reconveyed  free  of  charge.  In  case  of 
such  reconveyance,  the  building  on  such  site  (if  any) 
shall  be  sold,  as  hereinafter  provided,  with  privilege  to- 
the  purchasers  to  remove  it  from  off  such  site  in  a 
reasonable  time.  This  proviso  shall  not  be  construed 
to  apply  to  any  school  house  lot  within  any  village,  town 
or  city. 

LXXXVI.  I  am  of  the  opinion  that  the  board  has  the  right  to 
sell  the  old  school  nouse  notwithstanding  the  fact  that  the  legal  title 
had  not  been  conveyed.  This  was  an  inadveftance  that  no  one  can 
take  the  advantage  of.  The  equitable  title  was  in  the  board.  I  think 
the  board  can  sell  'the  house  as  provided  in  section  33  of  chapter  45- 
of  the  Code.  —  T.  S.  Riley,  Attorney-General. 


The  board 


.  34.  The  board  of  education  of  every  district  shall 
provide  by  purchase,  condemnation,  leasing,  building 
grounds,  &c.  or  otherwise,  suitable  school  houses  and  grounds  in 
their  districts,  in  such  locations  as  will  best  accommo- 
date the  inhabitants  thereof,  and  improve  such  grounds 
and  provide  such  furniture,  fixtures  and  appliances  for 
the  said  school  houses,  as  the  comfort,  health,  cleanli- 
ness and  convenience  of  the  scholars  may  require,  and 
keep  such  grounds,  school  houses,  furniture,  fixtures: 
and  appliances  in  good  order  and  repair:  Provided^ 
That  in  case  such  boards  of  education  shall  be  unable  to 
agree  upon  a  proper  location  for  a  school  house  In  any 
sub-district,  such  location  shall  be  decided  by  the  county 
superintendent. 

Boards  of  education  in  adjoining  districts  or  counties 

.    .    ,  ,  .  -,       »  f. 

may  jointly  provide  for  the  erection  of  school  houses 
for  the  accommodation  of  adjoining  portions  of  dis- 
tricts or  counties,  for  high  schools,  union  schools  or  sub- 
district  schools,  which  from  local  causes,  cannot  be 
conveniently  attached  to  sub-districts  in  the  districts  or 
in-lnt  colinties  to  which  they  belong.  The  title  to  such  houses 
vested  in.  shall  be  vested  in  the  board  of  education  having  super- 
vision of  the  sub-district  containing  the  greatest  number 
of  children,  and  terms  indicating  a  trust  for  the  purpose 
aforesaid  shall  be  introduced  into  an  agreement  made 
between  the  boards  of  education  interested.  Such  school 
houses  shall  be  provided  with  furniture,  fixtures  and 


Districts  may 

join  in  erect- 

ing>  school 


SCHOOL  LAW  OF  WEST  .VIRGINIA  47 

such  other  appliances  as  are  supplied  to  school  houses 
generally.  An  equitable  amount  sHall  be  assessed  on 
each  district  interested,  by  the  respective  boards  of  edu- 
cation, for  the  purpose  aforesaid.  Boards  of  education 
shall  in  every  case  require  bond  of  all  contractors,  with 
approved  security,  in  double  the  amount  of  the  contract 
for  building  or  repairing  school  houses. 

No  county  superintendent,  board  of  education,  or  any 
member  thereof,  or  trustee  of  any  sub-district,  shall,  in 

directly  or  indirectly,  become  personally  interested  in 
any  contract  for  building  or 'repairing  school  houses  in 
his  or  their  district;  and  any  county  superintendent, 
member  of  such  board,  or  any  trustee,  violating  this  sec- 
tion shall  be  guilty  of  a  misdemeanor  and  fined  not  less 
than  one  hundred  dollars. 

LXXXVII.  The  length  of  a  school  term  in  union  schools  must  be  de- 
termined by  the  term  fixed  by  the  district  in  which  the  school  is  lo- 
cated, for  its  schools.  The  trustees  of  the  sub-district  would  con- 
trol the  location  of  the  school,  &c.  All  the  boards  of  education  of 
the  district  out  of  which  the  pupils  are  sent  have  to  do,  is  to  pay  a 
just  part  of  the  expense  of  the  union  school. — Alfred  Caldwell,  At- 
torney-Gent ml. 

LXXXVIII.  In  case  the  land  owner,  on  whose  land  a  school  house 
is  built  by  a  board  of  education  before  a  deed  is  delivered  therefor, 
refuses  to  make  the  deed,  proceedings  in  a  court  of  equity  may  be 
instituted  by  the  board  to  compel  the  specific  performance  of  the  con- 
tract. 

LXXXIX.  Chapter  05.  Acts  1879.  makes  it  a  misdemeanor  for  any 
county  or  district  school  officer  to  become  directly  or  indirectly 
pecuniarily  interested  in  contracts,  lettings  and  furnishings  in  cases 
where  he  has  a  voice  or  control.  See  Acts  1879,  chapter  65.  wherein 
it  is  provided  that :  "It  shall  be  unlawful  for  any  member  of  a 
county  court,  overseer  of  the  poor,  district  school  officer,  or  any  mem- 
ber of  any  other  district  board,  or  for  any  county  or  district  officer 
to  be  or  become,  directly  or  indirectly,  pecuniarily  Interested  in  fFie 
proceeds  of  any  contract  or  service,  or  in  furnishing  any  supplies  iu 
the  contract  for,  or  the  award  or  letting  of  which,  as  such  member 
or  officer,  he  may  have  any  voice  or  control."  See  also  section  13  of 
this  chapter. 

XC.  When  the  board  fail  to  agree  upon  the  location  of  a  school 
house,  and  the  county  superintendent  is  called  to  decide  the  matter, 
his  decision  is  final  and  from  it  no  appeal  can  be  taken. 

XCI.  A  county  superintendent  has  no  authority  to  select  a  site 
for  a  school  house.  He  can  only  act  when  the  board  of  education  fail 
to  agree  as  to  a  location. 

35.    No  school  house  shall  be  erected  unless  the  plan 
thereof  shall  have  been  submitted  to  the  county  super-  county 
intendent,  and  approved  by  him,  and  it  is  hereby  made  p< 
his  duty  to  acquaint  himself  with  the  principles  of  school 
house  architecture,  and,  in  all  his  plans  for  such  struc- 
tures, to  have  regard  to  economy,  convenience,  health 
and  durability  of  structure. 

XCII.  The  approval  of  the  plans  of  school  houses  is,  perhaps,  the 
most  important  duty  which  the  county  superintendent  has  to  per- 
form. He  is  thus  made  the  architect  of  school  house  construction  in 
his  county,  and  if  me  same  are  illy  constructed,  poorly  ventilated, 
poorly  lighted,  and  improperly  heated,  thus  producing  physical  injury 
to  the  pupils,  he  is  morally  responsible. 


48 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Land  for 
school  site 
mny  be  con- 
demned. 


School  prop- 
erty exempt. 


36.  When  land  has  been  designated  by  the  board  of 
education  of  any  District  as  a  suitable  location  for  a 
school  house  and  the  necessary  buildings,  or  for  enlarg- 
ing1 a  school  house  lot,  if  the  owner  or  owners  refuse  to 
sell  the  same,  or  demand      a    price    therefor    which  is 
deemed  by  the  board  unreasonable,  or  the  owner  is  a 
feme  covert,  a  minor,  non  compos  mentis,  or  non-resident, 
aften  ten  days'  notice,  served  upon  such  owner  or  own- 
ers, or  the  owner  or  owners  being  non-residenfs  thereof, 
by  publication  for  four  weeks  in  some  newspaper  pub- 
lished in  the  county,  or  if  there  be  no  newspaper  pub- 
lished in  the  county,  by  posting  the  same  for  four  weeks 
at  the  front  door  of  the  court  house,  and  five  other  pub- 
lic places  in  the  county,  at  least  two  of  which  shall  be 
in  the  district  and  one  in  the  sub-district  in  which  such 
property  is  located,  the  board  may  petition  the  circuit 
court  of  such  county,  to  have  such  lots  of    ground  con- 
demned for  the  use  of  public  schools,. and  such  proceed- 
ings shall  thereupon  be  had  in  the  name  of  such  board 
for  the  condemnation  thereof,  as  provided  for  in  chap- 
ter forty-two  of  this  Code :    Provided,    That  the  land  .so 
taken  shall  not  exceed  in  quantity  one  acre. 

XCIII.  When  condemnation  proceedings  become  necessary  the  board 
of  education  should  consult  and  advise  with  the  prosecuting  attorney 
who  will  instruct  it  how  to  proceed  according  to  the  provisions  of 
chapter  XLII,  of  the  Code  of  West  Virginia. 

37.  All  school  houses,  school  house  sites  and  other 
property  belonging  to  any  board  of  education  and  used 
for  school  purposes,  shall  be  exempt  from  execution  or 
other  process,  and  from  lien  on,  or  distress  lor  taxes  or 
county  levies;  but  when  any  order  of^the   board,  upon 
the  sheriff  of  the  county,  or  Judgment  or  decree  for  a 
sum  of  money  against  the  said  board  has  been  presented 
to  such  sheriff  without  obtaining  payment,  payment  there- 
of may  be  enforced  by  the  circuit  court  by  mandamus 
or  an  order  for  specific  levy  on  the  property  taxable  in 
the  district. 

37a.  WHEREAS  it  is  represented  to  the  legislature  that, 
prior  to  the  introduction  of  the  present  free  school 
system,  many  lots  or  small  pieces  of  land  were  donated 
or  purchased,  and  the  title  thereof,  legal  or  equitable, 
vested  in  trustees  with  the  view  of  erecting  thereon 
buildings  designed  exclusively  for  educational  purposes, 
and  that  they  were  used  for  such  purposes  many  years 
prior  to  the  formation  of  the  State,  and  are  still  used  or 
claimed  by  the  boards  of  education  in  the  various  school 
districts  in  many  of  the  counties  of  the  State,  and  that 
said  trustees  in  many  cases  have  departed  this  life  or 
left  the  State,  and  otners  since  the  introduction  of  the 


SCHOOL  LAW  OF  WEST  VIRGINIA  49 

free   school   system   have   declined   to   act   or   take   any 
interest  in,  or  control  over,  such  lands;  therefore, 
Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1.  That  the  title  of  all  such  lands  be.  and  the  same  is 
hereby  vested  in  the  board  of  education  of  the  school 
district  in  which  such  lands  as  have  been  in  the  actual 
possession  of  the  board  of  education  for  the  last  five 
years,  nud  are  still  in  such  possession  and  not  otherwise 
claimed,  may  be,  and  their  successors  in  office,  to  be 
held  and  used  for  froe  school  purposes,  and  none  other. 

2.  If  from  any  cause  the  h,,; rd  of  education  of  the  ^tam  iami» 
school  district  in  which  any  such  hind  may  lie,  .shall  lv 
of  opinion  that  the  interest  and  convenience  of  the 
schools  of  such  district  will  be  promoted  by  the  sale  of 
any  such  lands,  they  may  sell  and  convey  the  same,  a  ad 
use  the  proceeds  of  such  sales  in  the  purchase  of  other 
lands  and  the  erection  or  repair  of  other  buildings  to  be 
used  and  held  for  free  school  purposes,  as  in  other 

• 

38.  To  provide  school  houses  and  grounds,  furniture, 
fixtures  and  appliances,  and  keep  the  same  in  good  or- 
der and  repair,  to  supply  said  schools  with  fuel  and  all 
other  things  necessary  for  their  comfort  and  convenience, 
and  to  pay  any  existing  indebtedness  against  the  building 
fund  and  all  other  expenses  incurred  in  the  district  in 
connection  with  the  schools,  not  chargeable  to  the 
''teachers'  fund,"  the  board  of  education  shall,  annu- 
ally, on  the  first  Monday  in  July,  or  as  soon  as  practi- 
cable thereafter,  levy  a  tax  on  the  property  taxable  in 
each  district,  not  to  exceed,  in  any  one  year,  the  rate 
of  forty  cents  on  every  hundred  dollars  valuation  thereof, 
according  to  the  latest  assessment  on  the  same  for  State 
and  county  taxation. 

xriv.  The  levy  for  th»>  Kuilrting  Fund  LS  limited  to  forty  cents  on 
rlu-  si  on.  except  in  the  case  of  high  schools  organized  under  the 
provisions  of  section  24  of  this  chapter  wherein  it  is  provided  that 
for  the  equipment  and  support  of  these  high  schools  30  cents  addi- 
tional mav  !>»•  l<>vjed,  thus  making  the  rates  of  levy  70  cents  on  tho 
$100. 

XTV.  It  i<  tin'  duty  of  boards  of  education  to  levy  for  a  sufficient 
amount  for  both  teachers'  and  building  fnnds,  to  do  all  that  is  neces- 
sary to  have  all  the  schools  in  their  respective  districts  taught  five 
months  in  the  year  unless  such  amount  would  require  a  levy  of  more 
than  tho  maximum  rale  fixed  by  law.  See  section  40  and  'decisions 
thereunder. 

VI.  Power  of  board  to  purchase. outline  maps  and  dictionaries — 
Section  14  seems  to  imply  that  there  may  be  apparatus  and  library 
connected  with  the  public  school.  Section  16  limits  power  of  trustees 
but  not  the  board  of  education  as  to  expenditures  for  certain  articles. 
T  am  inclined  to  a  liberal  construction  of  the  law  in  respect  to  what 

;>roper  expenditure  of  the  building  fund.  I  believe  outline  maps, 
dictionaries  for  reference  and  any  other  necessary  apparatus  for  the 
instruction  of  the  scholars  in  the  branches  to  be  taught  in  the  school, 
reasonable  in  amount,  can  be  purchased  out  of  the  building  fund  at 
the  discretion  of  the  board  of  education  by  virtue  of  the  authority 
conferred  by  the  o4th  section  upon  such  board  to  provide  such  furni- 
ture, fixtures  and  appliances  for  the  school  houses  as  the  convenience 
<>t'  the  scholars  may  require. — Alfred  t'uldn-cii.  Attorney-General. 


50 


SCHOOL  LAW  OF  WEST  VIRGINIA 


BuildiBg 
Fund. 


Levy  for 
support  of 
schools. 


Teachers' 
fund. 


Board  may 
be  compelled 
to  levy. 


Special  levy. 


39.  The  proceeds  of  taxes  so  levied,  of  school  houses 
and   sites  sold,   of   all   donations,   devises   and  bequests 
applicable  to  any  of  the  purposes  mentioned  in  the  pre- 
ceding section,  shall  constitute  a  special  fund  to  be  called 
the  "building  fund,''  to  be  appropriated  exclusively  to 
the  purposes  named  in  the  preceding  section. 

XCVII.  A  balance  due  the  building  fund-  should  not  be  taken  by 
the  board  to  pay  debts  against  the  teachers'  fund,  nor  should  money 
be  taken  from  the  teachers'  fund  to  pay  claims  against  the  building 
fund. 

XCVIII.  Insurance  paid  for  the  destruction  of  a  school  house  by 
fire  is  paid  to  the  credit  of  the  building  fund  of  the  board  of  educa- 
tion generally,  and  may  be  used  to  erect  another  building  in  the  same 
or  a  different  place,  or  for  other  purposes,  as  the  board  ciay  direct. 

XCXIX.  To  supersede  or  correct  a  school  levy  by  the  circuit 
court.  For  process,  see  Acts  of  1875,  chapter  72,  and  Wells,  ct  al  vs. 
Board  of  Education,  20  W.  Va.  lb/. 

40.  For  the  support  of  the  primary  free,  schools,  of 
their  district,  and  in  eadi  independent  school  district, 
and  to  pay  any  existing  indebtedness  against  the  teachers' 
fund,  the  board  of  education  thereof,  shall  annually  on 
the  first  Monday  in  July,  or  as  scon  thereafter  as  possi- 
ble, levy  by  the  authority  of  the  people  as  prescribed  in 
section  two  of  this  chapter,  such  a  tax  on  the  property 
taxable  in  the  district,  as  will,  with  the  money  received 
from  the  State  for  the  support  of  free  schools,  be  suffi- 
cient to  keep  schools  in  operation  at  least  five  months  in 
the  year,  provided,  the  tax  in  any  one  year  shall  not  ex- 
ceed the  rate  of  fifty  cents  on  every  one  hundred  dollars 
valuation   according   to  the   latest   available   assessment 
made  for  State  and  county  taxation.     The  proceeds  of 
this  levy,  together   with   the  money   received    from    the 
State  as  aforesaid,  shall  constitute  a  special  fund,  to  be 
called  the  teachers  fund,  and  no  part  shall  be  used  for 
any  other  purpose  than  the  payment  of  teachers '  salaries, 
first  for  the  current  year,  and  any  part  of  said  fund  not 
so  expended,  shall  be  appropriated  to  the  payment  of 
any  existing    indebtedness    created    for    said    purpose. 
Upon  the  failure    of  any  board  of  education  to  lay  such 
levy  as  hereby  required,  or  any  other  levy  provided  for 
in  this  chapter,  they  shall  be  compelled  to  do  so  by  the 
circuit  court  of  the  county  by  a  writ  of  mandamus,  unless 
good  cause  be  shown  to  the  contrary. 

But  in  case  the  levy  provided  for  in  this  and  the  38th 
section  of  this  chapter  shall  not  be  sufficient  to  pay  any 
existing  indebtedness  of  the  district  in  addition  to  the 
other  purposes  for  which  it  is  levied,  the  board  may  in- 
crease such  levy  to  the  amount  actually  necessary,  or  lay 
a  special  levy  for  the  purpose,  but  such  increase  or  spe- 
cial levy  together  with  any  other  levy  not  provided  for 


SCHOOL  LAW  OF  WEST  VIRGINIA  51 


in  this  and  the  38th  section  of  this  chapter,  shall  not  ex- 
ceed in  the  aggregate,  thirty  cents  on  the  one  hundred 
dollars  valuation  of  said  property,  and  in  no  case  shall 
the  appropriation  of  any  money  to  the  payment  of  any 
existing  indebtedness,  directly  or  indirectly,  interfere 
with  the  payment  of  the  teachers'  salaries  for  the  term 
of  five  months,  for  which  the  schools  are  required  by  law 
to  be  kept  open  each  year. 

C.  If  a  fifty-cent  teachers'  levy  will  not  support  the  schools  of  a 
district  for  five  months,  reasonably  and  economically  conducted,  to- 
gether with  the  aid  received  from  the  State,  the  board  of  education  is 
not  only  authorized  by  the  statute  to  exceed  that  limitation  but  it 
is  its  duty  under  the  law  to  do  so. — Romeo  E.  Freer,  Attorney  Gen- 
eral. 

CI.  Under  the  provisions  of  this  section,  the  free  schools  must  be 
kept  in  operation  at  least  five  months  in  the  year,  and  as  many  more 
as  may  be  determined  by  the  voters  of  the  district. 

CII.  A  board  of  education  may  be  compelled  by  a  writ  of  man- 
damus to  levy  at  a  sufficient  rate  to  run  the  schools  of  a  district  five 
months,  if  the  people  have  directed  by  vote  that  the  levy  be  mad? 
and  the  rate  of  levy  does  not  exceed  the  limit  prescribed  by  law  which 
may  under  the  provisions  of  section  40,  by  special  levy  exceed 
fifty  cents  on  the  $100.  but  must  not  exceed  80  cents  on  the  $100. 

CIII.  A  hoard  of  education  violates  a  plain  provision  of  the  law 
when  it  pays  "existing  indebtedness"  out  of  the  levy  for  the  current 
year  and  thereby  shortens  the  term  of  the  schools  of  the  district 
below  five  months.  A  sum  necessary  to  run  the  schools  five  months 
must  be  provided,  and  if  anything  is  left  it  may  be  applied  to  exist- 
ing indebtedness, 

41.  If  the  board  of  education  of  any  district  agree  that 
the  school  in  their  district  should  be  continued  more  months, 
than  five  months  in  the  year,  or  if  twenty  or  more  voters 
of  the  district  ask  it,  in  writing,  they  shall  submit  the 
question  to  the  voters  thereof  at  the  next  general  election, 
which  order  shall  state  also  the  length  of  time  for  which 
it  is  proposed  to  continue  the  schools.  Ballots  may  be 
used  for  voting  on  the  question,  on  which  may  be  writ- 
ten or  printed  ' '  for months  schools ' ' ;  for  those  who 

are  in  favor  of  more  than  five  months  school ;  those  who 
oppose  a  longer  term  than  five  months  may  vote  with  a 
ballot  having  written  or  printed  on  it,  "against  more 
than  five  months  school."  And  if  the  proposition  for  a 
longer  term  than  five  months  have  a  majority  of  all  the 
votes  cast  for  and  against,  -then  the  board  shall  order  the 
levy  accordingly.  Provided,  That  in  any  district  where 
a  poll  is  held  for  a  purpose  herein  specified,  notices  of 
such  election  shall  be  posted  by  the  secretary  of  the 
board  of  education  in  at  least  three  public  places  in  the 
district,  at  least  three  weeks  before  the  day  of  voting; 
and  the  notice  shall  explicitly  state  the  term  of  time  for 
the  school,  which  is  to  be  voted  for,  and  only  two  terms 
of  time  shall  be  voted  for  at  any  one  election.  And  the 
•  time  of  the  term  voted  for  at  such  election  shall  con- 


52 


SCHOOL  LAW  OF  WEST  VIRGINIA 


TO  get  share 


necessary. 


tinue  for  two  years.  The  poll  shall  be  held  and  the 
election  conducted,  and  the  official  records  returned  as 
prescribed  in  the  second  section  of  this  chapter. 

The  trustees  in  each  sub-district  may,  in  their  discre- 
tion, order  all  the  schools  under  their  jurisdiction  to 
begin  in  any  month  in  the  school  year. 

42.  No  district  or  independent  school  district  shall 
hereafter  receive  -any  share   of  the   distributable   State 
fund  for  free  schools,   in  any  year   in  which   the  levy 
required  by  the  fortieth  section  has  not  been  made  in 
such  district   or  independent   school   district;   and   any 
money  heretofore  or  hereafter  distributed,  and  undrawn 
and  remaining  credited  on  the  books  of  the  Auditor  to 
any  such  district  or  independent  school  district  on  the 
thirtieth  day  of  June  in  each  year,  shall,  on  that  day, 
be  transferred  on  the  books  of  the  Auditor  to.  and  form 
a  part  of,  the  'general  school  fund  to  be  distributed. 

CIV.  It  is  the  duty  of  the  countv  superintendent  of  any  county  In 
which  a  district  or  districts  have  voted  down  the  levy,  to  inform  the 
Auditor  of  the  same,  giving  name  or  names  of  said  district  or  dis- 
tricts that  he  may  properly  transfer  that  part  of  the  State  fund  due 
such  district  or  districts  for  that  year  to  the  general  school  fund.  See 
section  61,  last  clause. 

43.  The   assessor  of  every  assessment   district   shall 
make  out  and  deliver  to  the  secretary  of  the  board  of 
education  of  each  district  in  his  district,  on  or  before 
the  first  day  of  July  in  each  year,  a  certificate  showing 
tne  aggregate  value  of  all  personal  property;  and  the 
clerk  of  the  county  court  shall  certify  to  the  said  secre- 
tary the  aggregate  value  of  all  real  estate  in  such  dis- 
trict or  independent  school   district,   which   certificates 
shall  serve  as  a  basis  for  any  levy  that  may  be  made  for 
school  purposes  for  that  year. 

44.  Immediately  upon  the  receipts  of  the  certificates 
mentioned  in  the  preceding  section,  and  of  the  notice 
from  the  county  superintendent,  as  hereinafter  provided, 
showing  the  amount  of  the  general  school  fund  to  which 
such  district,  or  independent  school  district,  is  entitled, 
it  shall  be  the  duty  of  the  board  of  education  of  such 

Board  must    district,  to  determine  the  rates-  ef  taxation  necessary,  for 

determine      the  pay  of  teachers  and  for  the  building  fund  in  their 

tion.  "district  for  the  school  year,  and  for  the  payment  of  any 

such  existing  indebtedness,  as  aforesaid,  and  report  the 

same,   by   their   secretary,  to    the    clerk  of   the  county 

court,  to  the    county    superintendent,  and    also    to    the 

assessor;  and  thereupon,  it  shall  be  the  duty  of  the  said 

assessor  to  extend  on  his  books  of  assessment  for  State 

and  county  purposes,    the    amount   of    taxes   levied    as 

aforesaid,  in    two    separate    columns,  the    one    headed 


Assessor's 
certificate 
basis  for 


SCHOOL  LAW  <>F  \YKST  VIRGINIA  53 

"teachers'  fund,"  and:  the  other  "building  fund,''  from 
which  extension  the  sheriff  shall  proceed  to  collect  the 
same,  and  shall  account  therefor  as  required  by  law. 

Any  assessor  who  shall  fail  to  make  out  and  deliver  Fme  ^cer- 
the  certificate  mentioned  in  the  forty-third  section,  and 
any  .secretary  of  a  board  of  education  who  shall  fail  to 
make  out  and  deliver  the  certificate  named  in  this  sec- 
tion, shall  be  fined  twenty  dollars  for  the  benefit  of  the 
building  fund  of  the  district.  And  any  assessor  who 
shall  charge  on  the  assessor's  books,  as  provided  in  the 
preceding  section,  a  greater  amount  of  taxes  than  is  due 
from  the  person  charged  therewith  shall,  in  such  case,  if 
the  overcharge  be  inadvertently  made,  be  fined  double 
the  amount,  and  if  wilfully  made,  ten  times  the  amount 
of  the  overcharge,  one-half  thereof  to  be  applied  to  the 
benefit  of  the  building  fund,  and  the  residue  to  the  in- 
former. 

The  fines  provided  for  in  this  section  may  be  recov-  HOW  fine 
ered,  on  motion  of  any  citizen  of  the  district,  or  sub-  ^covered. 
district,  in  which  such  overcharge  or  delinquency  of  the 
assessor  or  secretary  shall  occur  or  in  which  the  prop- 
erty  overcharged    may    be.     m\    ten    days'   notice    before 
any  justice  of  such  district,  or  by  indictment  in  the  cir- 
cuit court. 

CV.  The  rate  of  taxation  and  levy  cannot  be  dotermiued  nnd  laid 
before  the  first  Monday  in  July  of  each  year.  See  form  of  proceed- 
ings at  this  meeting,  in  Appendix. 

45.  It  shall  not  be  lawful  for  the  board  of  education  Board  must 
of  any  district,  or  independent  school  district,  to  con- 
tract  for,  or  expend  in  any  year,  more  than  the  aggre- 
gate amount  of  its  quota  of  the  general  school  fund,  and 
the  amount  collected  from  the  district  or  independent 
school  district  levies  for  that  year,  together  with  any 
balance  remaining  in  the  hands  of  the  sheriff,  or  collec- 
tor, at  the  end  of  the  preceding  year,  and  such  arrear- 
ages of  taxes  as  may  be  due  such  district  or  independ- 
ent school  district. 

But  in  districts  wherein  there  is  a  town  or  city  with  Debt  ma    be 
an  enumeraton  of  youth  of  school  age  of  three  hun-  created  in 
dred  or  over,  the  board  of  education  of  such  district ce 
may   borrow   money   and   issue   bonds   therefor   for  the 
purpose  of  building,    completing,    enlarging,    re'pairing 
or  furnishing  school  houses,  in  such  town  or  city.     Said 
bonds  shall  be  payable   not  exceeding  ten  years  from 
their   date,    and    the   rate  -of   interest  thereon   shall   not 
exceed  six  per  centum  per  annum,  but  in  no  other  case 
shall  any  debt  be  incurred  by  such  board  to  be  paid  out 
of  school  money   for  any   subsequent   year:     Provided, 


SCHOOL  LAW  OF  WEST  VIRGINIA 


the  people. 


That  no  debt  shall  be  contracted  under  this  section 
which  shall,  including  existing  indebtedness,  in  the 
aggregate,  exceed  five  per  centum  on  the  value  of  the 
taxable  property  in  said  district,  to  be  ascertained  by 
the  last  assessment  for  State  and  county  taxes  previous 
to  the  incurring  of  such  indebtedness,  nor  without  at 
the  same  time  providing  for  the  collection  of  a  direct 
annual  tax  sufficient  to  pay  annually  the  interest  on  said 
debt,  and  the  principal  thereof,  within  and  not  exceed- 
ing thirty- four  years;  and,  provided,  further,  that  no 
debt  shall  be  contracted  under  this  section  unless 
all  questions  connected  with  the  same  shall  have  been 
mustnbeb°nds  ^rs^  SUDmitted  to  a  vote  of  the  people  of  said  district, 
voted  on  by  and  have  received  three-fifths  of  all  the  votes  cast  for 
and  against  the  same.  Such  election  shall  be  held  and 
conducted  in  the  same  manner  as  the  general  school 
election  provided  for  in  this  chapter. 

If  the  trustees  of  any  district,  or  any  board  of  educa- 
tion shall  make  any  agreement  for  the  employment  of  a 
teacher  in  violation  of  this  section,  or  for  any  other 
object  concerning  free  schools  under  their  charge,  so  as 
to  occasion  thereby  the  aggregate  of  the  just  claims 
against  the  board  of  education  of  the  district,  or  inde- 
pendent school  district,  in  any  year,  to  exceed  its  aggre- 
gate receipts,  as  aforesaid,  for  such  year,  such  board  of 
education,  or  trustees,  shall  be  individually  responsible 
to  the  teacher,  or  other  person  with  whom  such  agree- 
ment is  made. 

The  board  of  education  of  each  district,  and  indepen- 
dent school  district,  in  each  county,  shall  require  its 
secretary,  ten  days  prior  to  the  first  day  of  July,  in  each 
year,  to  prepare  and  post  at  three  places  of  election 
within  said  district,  or  independent  school  district,  and 
in  each  school  district  or  independent  school  district 
where  the  expenditures  for  all  school  purposes  in  any 
one  school  year  in  said  district  shall  equal  or  exceed  the 
slim  of  three  thousand  dollars,  said  board  of  education 
shall  also  publish  in  some  newspaper  of  the  county 
having  a  general  circulation  in  the  district,  an  itemized 
statement,  duly  sworn  to  by  the  president  and  secretary 
of  said  board,  showing  all  moneys  disbursed  by  said  pres- 
ident and  secretary  by  orders  on  the  sheriff,  or  other- 
wise, within  the  school  year,  last  preceding,  distinguish- 
ing between  the  teachers'  fund  and  building  fund.  The 
statement  shall  give  the  name  of  each  person  to  whom 
an  order  shall  have  been  issued,  and  shall  state  the  ob- 
ject for  which  it  was  given. 


Trustees  or 
board  indi- 
vidually 
responsible. 


SCHOOL  LAW  OF  WEST  VIRGINIA  55 

CVI.  The  law  makes  no  provision  for  additional  compensation  for 
the  secretary  in  consideration  of  making  up  the  statements  to  be  pub- 
lished by  boards  in  all  districts  having  an  annual  expenditure  of 
$3,000  or  more. 

CVII.  An  important  case  arising  upder  the  provisions  of  Section 
45,  was  decided  by  the  Supreme  Court  of  Appeals,  December  6,  1893. 
and  is  reported  in  38  W.  Va.,  p.  382.  The  syllabus  reads  as  follows  : 

1.  Schools    and    Schoolhouses — Boards    of   Education — Contracts — 
Construction  of  statutes. 

Under  section  45,  c.  45,  of  the  Code,  the  value  of  a  school  house 
and  its  site  yet  unsold,  though  the  board  of  education  intends  to  sell 
it,  can  not  be  taken  into  consideration  in  estimating  the  amount  of 
money  available  in  the  fiscal  year  for  contracts  and  expenditures. 

2.  ScJiools    and    Schoolhouses — Boards    of    Education — Contracts — 
Construction  of  Statutes. 

Where  a  contract  between  a  board  of  education  and  contractors  for 
building  a  schoolhouse  fixes  a  sum  as  the  contract  price,  which  may 
exceed  the  amount  of  money  available  under  section  45,  c.  45  of  the 
Code  for  a  fiscal  school  year,  but  contains  a  provision  that  no  liability 
shall  be  imposed  by  such  contract  on  the  board  for  anything  beyond 
the  sum  lawfully  available  under  that  section,  so  as  to  prevent  the 
contractors  from  recovering  of  the  board  anything  beyond  such  sum, 
the  contract  is  not  unlawful  under  said  section,  so  as  to  prevent  the 
board  from  paying  upon  it  such  money  as  is  applicable  under  said 
section. 

46.  The  sheriff  or  collector  of  the  county  shall  receive,  Duties  of 
collect  and  disburse  all  school  moneys  for  the  several 8heriff- 
districts  and  independent  districts  therein,  both  that 
levied  by  said  district  and  that  distributed  thereto  by 
the  State.  He  shall  be  required  by  the  county  court  to 
give  in  addition  to  his  bond  as  collector  of  the  State  and 
county  taxes  a  special  bond  in  approved  security  in  a 
penalty  equal  to  double  the  amount  of  school  money 
which  will  probably  come  into  his  hands  for  school  pur- 
poses during  any  one  year  of  his  term  of  office,  which 
shall  be  made  payable  to  the  State  of  West  Virginia, 
with  one  or  more  sureties  deemed  sufficient  by  such 
court,  and  proved  or  acknowledged  before  such  court 
and  an  order  stating  such  proof  or  acknowledgment  shall 
be  entered  of  record  by  such  court. 

He  shall  keep  his  accounts  with  the  several  boards  of 
education  of  each  district  and  independent  school  dis- 
trict: one  of  money  belonging  to  the  teachers'  fund  and 
the  other  of  money  belonging  to  the  building  fund,  and 
shall  credit  every  receipt  and  ~  charge  every  disburse- 
ment to  the  fund  to  which  it  belongs.  He  shall  pay  out 
no  money  standing  to  the  credit  of  the  board  of  educa- 
tion, except  upon  an  order  signed  by  the  secretary  and 
president  thereof,  specifying  the  sum  to  be  paid  and  the 
fund  to  which  it  is  to  be  charged;  or  upon  a  certified 
copy  of  a  judgment,  or  a  decree  of  a  court  of  justice 
against  the  said  board,  for  a  sum  of  money  therein 
specified;  or  upon  an  order  of  the  county  superintend- 
ent, as  provided  in  section  eight  of  this  chapter. 

He  shall,  on.  or  immediately  before,  the  first  day  of 
July  in  each  year,  settle  with  the  board  of  education  of  §££S't 
each  district  and  independent  school  district,  in  which boards 


56  SCHOOL  LAW  OF  WES.T  VIRGINIA 

settlement  he  shall  be  charged  with  the  amount  of  taxes 
levied  by  the  board  of  education  upon  the  property  of 
the  district  or  independent  school  district,  for  the  teach- 
ers' fund  and  building  fund,  and  to  pay  any  indebted- 
ness of  the  district,  and  with  the  amount  distributed 
thereto  from  the  general  State  fund,  and  for  any  other 
moneys  received  by  him  during  the  current  year  on 
account  of  the  free  schools  of  such  district  or  independ- 
ent school  district;  and  he  shall  be  credited  with  the 
amount  of  delinquent  school  taxes  of  such  district  or 
independent  school  district  that  has  been  duly  returned 
by  him  and  certified  by  the  clerk  of  the  county  court  to 
such  board  of  education. 

He  shall  also  be  credited  in  such  settlement  with  all 
vouchers  produced  by  him,  if  found  to  be  correct  by  the 
district  board  of  education,  and  he  shall  receive  no  other 
credits  except  his  commission  as  hereinafter  provided ; 
an  account  of  this  settlement  shall  be  made  out  by  each 
board  of  education,  naming  the  district  for  which  it  :s 
made,  with  the  proper  debits  and  credits  which  were  the 
subjects  of  this  settlement.  They  shall  also  number  all 
vouchers  with  which  the  sheriff  has  been  credited  by 
them,  and  endorse  on  the  back  of  each  the  words,-  "Set- 
tled by  B.  E."  Under  this  endorsement  the  secretary  of 
the  board  shall  sign  his  name  and  date  of  settlement, 
sheriff's  set-  All  such  accounts  and  vouchers  so  endorsed  shall  then 
^e  delivered  to  the  sheriff  or  collector  whose  duty  H 
shall  be  to  deliver  them  to  the  clerk  of  the  county  court, 
which  accounts  and  vouchers  shall  serve  as  a  basis  of 
the  settlement  to  be  made  by  the  sheriff  or  collector, 
with  the  county  court,  according  to  Article  XII,  and 
section  7  of  the  Constitution,  and  section  fifty-two  of 
this  chapter.  If  any  sheriff  or  collector  shall  pay  out 
in  any  one  year,  more  money  on  account  of  the  teach- 
ers' fund  or  building  fund  than  shall  have  been  levied 
and  could  have  been  collected  by  him  during  said  year, 
together  with  the  amount  remaining  in  his  hands  from 
any  preceding  year,  he  shall  in  such  settlement,  receive 
no  credit  for  such  excess. 

Sheriff's  com-  He  shall  receive  no  pay  for  receiving  and  disbursing 
railroad  the  State  school  fund,  and  not  more  than  two  per  cent, 
for  receiving  and  disbursing  railroad  taxes,  and  ne  pay 
for  the  disbursement  of  any  school  money,  arising  from 
the  sale  of  school  property  or  received  from  any  other 
source  than  levies.  If  he  fail  to  account  for  and  pay 
over,  as  required  by  law,  any  money  which  may  come 
to  his  hands,  or  for  which  he  is  liable,  judgment  may  be 
recovered  therefor  against  him  and  his  'securities,  with 


SCHOOL  LAW  OF  WEST  VIRGINIA  57 

interest  and  ten  per  cent,  damages ;  and  upon  the  failure 

of  such  sheriff  to  pav  anv  proper  draft  which  may  be  sheriff  to  en- 

,1  •  T fi          j       &      j         j."  i  •          XT      dorse  drafts. 

drawn  by  the  said  board  of  education  upon  him,  the 
person  entitled  to  receive  the  sum  of  money  specified  m 
such  draft  may  require  the  sheriff  to  endorse  thereon, 
or  write  across  the  face  thereof  the  words  "presented 
for  payment,"  with  the  proper  date,  and  sign  the  same, 
and  judgment  upon  motion  therefor  may  be  obtained 
against  the  sheriff  before  any  justice  of  his  county,  or 
before  the  circuit  court  thereof,  with  interest  from  the 
time  said  draft  was  presented  and  ten  per  cent,  damages, 
he  having  had  at  least  ten  days'  notice  of  the  motion: 
Provided,  That  no  sheriff  shall  be  required  to  endorse 
any  school  order,  nor  shall  suit  be  brought  on  any  such 
school  order  prior  to  the  first  day  of  November  of  the 
current  school  year. 

CVIII.  Where  error  is  discovered  after  a  settlement  has  been  made 
it  may  be  corrected  by  proper  legal  proceedings. 

CIX.  See  Code,  chapter  41.  section  50.  as  ro  penalty  for  sheriff, 
who  shall  fail  or  refuse  to  pay  any  draft  or  order  lawfully  drawn  upon 
him,  under  certain  circumstances. 

CX.  Neither  the  hoard  of  education  as  a  corporation,  nor  the 
members  thereof  individually,  are  liable  to  a  sheriff  who  has  naid  out 
more  in  any  year,  on  account  of  the  teachers'  fund,  than  has  been 
levied  and  could  have  been  collected  by  him  during  such  year,  together 
with  the  amount  remaining  in  his  hands  from  any  previous  year. — 
Alfred  Caldwell,  Attorney-General. 

CXI.  School  orders  shall  be  received  at  par  value  in  payment  of 
taxes,  county  and  district  levies,  militia  fines  and  officers'  fees,  etc. — 
See  section  16,  chapter  41,  Code. 

CXII.  There,  is  no  law  providing  for  the  payment,  by  boards  of 
education,  of  fees  to  county  clerks  for  preparing  abstracts  of  sheriffs' 
settlements  as  required  by  section  .">L'~t  or  certifying  delinquent  lists  to 
boards  of  education,  as  required  of  him  by  this  section,  or  for  certi- 
fying the  value  of  real  estate  to  said  boards  as  he  is  required  to  do 
by  section  43.  This  work  is  a  part  of  his  duty  as  a  county  officer, 
for  which  he  is  paid  a  salary  out  of  the  county  treasury  by  the  county 
court. 

47.  The  delinquent  lists  for  district  levies  shall  be  re- 
turned and  real  estate  sold  therefor,  as  hereinafter  pro- 
vided. 

Such  lists  of  delinquent  lands  shall  be  in  form,  or  in 
substance,  as  follows: 

"List  of  real  estate  in  the  district  of ,  in  the  coun- 
ty of  — ,  delinquent  for  the  non-payment  of  school 
taxes  tl]civon  for  the  rear :" 


58 


SCHOOL  LAW  OF  "WEST  VIRGINIA 


.& 

fcc 

a 

a 

Q 

•c  s 

0. 

Name  of  Person 

Estate  held. 

'O 

"o 

£ 

'-3 

I 

Description  and  1 
tion  of  land. 

Distance  and  bea 
from  courthoui 

Teachers'  fund. 

Building  fund. 

Special  levy. 

Why  returned  d 
quent. 

The  delinquent  lists  of  personal  property  shall  be  in 
form  or  in  substance  as  follows : 

"List  of  personal  property  in  the  district  of  -  — ,  in 
the  county  of  -  — ,  delinquent  for  non-payment  of  school 
taxes  thereon  for  the  year  • : ' ' 


!  li 

£• 

!     If? 

T3 

'               .S 

• 

0° 

c 

rQ 

£ 

Name  of  Person 

§£ 

•5 

0 

D 

gj 

G 

gg. 

I! 

X 

3 

J3 
o 

3 

6* 
fl 

is 

"3 

i 

^1 

1 

s* 

8 

EH 

3 

PQ 

o, 

cs 

• 

And  the  sheriff  or  collector  returning  such  lists  shall, 
at  the  foot  thereof,  subscribe  the  following  oath:     "I, 

A —    -  B ,  sheriff,"  (deputy  sheriff  or  collector),  of 

the  county  of  -  — ,  do  swear  that  the  foregoing  list  is, 
I  verily  believe,  correct  and  just;  and  that  I  have  re- 
ceived 110  part  of  the  taxes  for  which  the  real  estate  (or 
personal  property,  as  the  case  may  be),  therein  mentioned 
is  returned  delinquent,  and  that  I  have  used  due  dili- 
gence to  find  property  within  my  county  liable  to  dis- 
tress for  said  taxes,  but  have  found  none. ' ' 

Property  lists;     48.    The  said  lists  shall  be  returned  to  the  county  court, 

)f' before  the  first  day  of  July  in  every  .year,  and  a  list  of 

real  estate  shall  be  examined,  corrected  and  allowed  by 

said  court,  and  a  copy  thereof  certified  to  the  Auditor, 

and  another  copy  to  .the  assessor  for  future  use  in  mak- 


SCHOOL  LAW  OF  WEST  VIRGINIA  59 

ing  out  the  next  land  book.  The  list  of  personal  prop- 
erty shall  also  be  examined,  corrected  and  allowed  by 
the  court,  and  the  amount  thereof  so  allowed,  together 
with  the  amount  allowed  of  the  list  of  real  estate,  shall 
be  certified  by  the  clerk  of  said  court,  to  the  secretary 
of  the  board  of  eduqation  of  the  proper  district.  The 
original  list  shall  be  preserved  by  the  clerk  of  said  court 
in  his  office. 

CXIII.  Secretaries  should  see  to  it  that  clerks  of  the  county  courts 
furnish  them  witn  these  lists  before  the  first  Monday  in  July,  as 
required  by  law. 

49.  The  auditor  shall  include  the  school  taxes  on  real  Delinquent 
estate  so  returned  delinquent,  in  his  list  to  be  furnished  lands, 
the  sheriff  for  sale  for  delinquent  taxes. 

50.  There  shall  be  a  lien  on  all  real  estate  for  the  dis-  Lien  on  real 
trict  levies  assessed  thereon,  from  the  day  fixed  by  law  estate  for 
for  the  commencement  of  the  assessment  of  taxes  therein 

for  each  year,  and  interest  upon  such  levies  at  the  rate 
of  six  per  cent,  per  annum,  from  the  twentieth  day  of 
January  in  the  year  following  that  in  which  the  assess- 
ment is  made,  until  payment. 

51.  A  copy  of  the  list  of  personal  property,  returned  List  of  per- 
delinquent  for  the  non-payment  of  district  levies,  shall,  ty*retu?neder" 
be  placed  by  the  clerk  of  the  Bounty  court  in  the  hands  delinquent, 
of  the  sheriff  or  collector  for  collection,  to  be  collected 

and  accounted  for  by  him,  in  the  same  manner  as  for 
levies  originally  placed  in  his  hands  for  collection;  and 
he  may  collect  such  levies  by  distress  or  otherwise,  at 
any  time  within  two  years  after  they  are  so  placed  in  his 
hands. 

52.  Every  sheriff  or  collector  shall  be  allowed  five  ^enff^om- 
per  centum  commissions  on  the  collection  of  all  district  district  taxes, 
levies  for  free  school  purposes.    In  addition  to  the  settle- 
ments required  to  be  made  with  each  board  of  a  district, 

every  sheriff  or  collector  of  school  moneys  shall  also 
make  annual  settlements,  by  districts,  with  the  county 
court  of  his  county,  at  its  next  term  after  the  first  day 
of  July  of  each  year,  showing  the  amount  of  all  moneys 
received  ;uid  disbursed  by  him  for  the  preceding  year 
for  school  and  building  purposes  from  State  and  from 
the  district  and  independent  school  district  funds,  and 
the  amount  due  to  each  district;  which  settlement  shall 
be  made  a  matter  of  record  by  the  clerk  of  said  court, 
in  a  book  to  be  kept  for  that  purpose.  All  accounts 
and  vouchers  required  to  be  returned  to  the  clerk  of  the 
county  court  by  section  forty-six  .of  this  chapter,  shall 
be  filed  by  said  clerk  in  his  office,  and  the  file  of  each 
district  shall  be  kept  separate. 


60 


SCHOOL  LAW  OF  WEST  VIRGINIA 


ments8ettle~ 


Prosecuting 
Attorney 
shall  take 
action. 


Members  pf 
board  fined 


If  any  sheriff  or  collector  of  school  moneys  shall  fail 
^°  ma^e  ^e  settlement  required  by  this  section  at  the 
time  required,  without  reasonable  cause  therefor,  he 
shall  forfeit  fifty  dollars  to  the  general  school  fund,  ami 
a  like  penalty  shall  be  incurred  by  him  for  each  subse- 
quent term  of  the  court  that  shall  pass  without  such 
settlement.  And  the  sheriff  or  collector  shall  moreover, 
be  charged  with  twelve  per  cent,  interest  on  all  school 
monej^s  in  his  hands  for  the  time  he  is  in  default  in  mak- 
ing the  settlement  required  in  this  section,  which  inter- 
est shall  be  charged  up  against  him  when  the  settlement 
shall  be  made. 

When  the  sheriff  or  collector  shall  fail  to  make  this 
settlement  at  the  time  required  herein,  it  shall  be  the 
duty  of  the  prosecuting  attorney  to  proceed  by  action 
against  him  and  his  securities  in  the  circuit  court,  to 
recover  the  fine  imposed  upon  him  by  this  section. 
Every  sheriff  or  collector  shall,  moreover,  be  liable  to 
any  person  injured  in  consequence  of  his  failure  to  make 
the  settlement  herein  required.  This  settlement  shall 
extend  back  to  the  commencement  of  the  term  of  office 
of  such  sheriff  or  collector. 

If  any  board  of  education  fail  to  make  the  settlements 
required  by  section  forty-six  of  this  chapter,  with  the 
sheriff,  when  requested  by  him  to  do  so,  each  member 
of  such  board  so  failing  or  refusing  shall  be  fined  twenty 
dollars,  for  the  benefit  of  the  school  fund. 

The  clerk  of  the  county  court  shall  transmit  an 
abstract  of  the  settlement  to  the  State  Superintendent  of 
Free  Schools  within  ten  days  after  the  same  has  been 
made. 

And  the  retiring  sheriff  shall  within  sixty  days  after 
he  shall  .have  made  his  final  settlement  in  the  manner 
herein  provided,  pay  and  turn  over  to  his  successors  in 
office  such  balances  as  may  be  shown  due  from  him  by 
said  settlements  upon  such  order  as  is  prescribed  by  sec- 
tion forty-six  of  this  chapter,  and  if  he  fail  to  do  so,  he 
shall  be  liable  to  the  forfeit  and  penalty  herein  pre- 
scribed. 

county  super-     53.     The  county  superintendent  of  schools  shall  be  a 

qualification  person  of  good  moral  character,  of  temperate  habits,  lit- 

and  salary  of.  eraiy  acquirements  and  skill  and  experience  in  the  art  of 

teaching,  and  he  shall  not  teach  in  any  school,  public  or 

private,  during  his  term  of  office.     He  shall  receive  for 

his  services  an   annual   compensation,   as  follows  :     In 

counties  having  not  more  than  fifty  schools,  three  hun- 

dred dollars;  in  counties  having  more  than  fifty  and  not 

more  than  seventy-five  schools,  three  hundred  and  fifty 


.  LAW  OK  \\"KST  VJKCJIXIA  61 

;irs;  in  counties  having  more  than  seventy-five  and 
not  more  than  one  hundred  schools,  four  hundred  and 
twenty-five  dollars,  and  in  counties  having'  more  than  oiu- 
hundred  schools,  five  hundred  dollars,  which  salary  shall 
be  paid  ratably  for  any  shorter  term  of  service  than  one  Forfeit  for 
year.    Provided,  however,  that  the  county  superintendent  failure  to 
shall  report  on  oath  to  the  State  Superintendent  the  num- ' 
ber  of  schools  he  has  visited  during  the  year/  in  compli- 
ance with  section   fifty-four,   chapter   forty-five   of  the 
Code  of  West  Virginia,. and  the  State  Superintendent  of 
Free  Schools  in  paying  the  said  county  superintendent 
as  required  by  this  section  shall  deduct  three  dollars  from 
the  salary  of  the  said  county  superintendent  for  each  and 
every  school  within  his  county  that  the  county  superin- 
tendent did  not  visit. 

Such  compensation  shall  be  paid  quarterly  upon  orders 
drawn  by  the  county  superintendent  on  the  State  Super- 
intendent of  Free  Schools,  who  shall  upon  receiving  the 
same,  draw  his  warrant  upon  the  Auditor  therefor,  pay- 
able to  the  said  county  superintendent,  or  to  such  person 
as  he  may  direct.  But  the  payment  of  the  fourth  quar- 
ter shall  not  be  made  until  the  county  .superintendent  has 
made  the  reports  to  the  State  Superintendent  of  Free 
Schools  required  by  section  22,  of  this  chapter  and  for  F  f  jt  f 
e\vry  day  after  the  first  day  of  September  before  the  re- delay  in01 
ceipt  of  these  reports  the  State  Superintendent  shall  de- rcport8- 
duct  three  dollars  from  the  salary  of  the  county  superin- 
tendent, unless  said  reports  are  delayed  by  sheriffs'  set- 
tlements or  reports  from  secretaries  of  boards  of  educa- 
tion. The  salary  of  the  county  superintendent  shall  be 
paid  out  of  the  general  school  fund,  but  the  amount 
thereof  shall  be  deducted  by  the  Auditor  from  the  amount 
next  to  be  distributed  to  each  county. 

As  a  further  means  of  improvement  among  teachers.  {^.' 
tin*  county  superintendent  shall  arrange  for  and  conduct 
district  institutes,  or  teachers'  round  tables,  one  or  more 
to  be  held  in  each  district  of  his  county  within  the  school 
year,  and  at  such  time  and  place  as  is  most  convenient 
for  the  teachers.  Boards  of  education  shall  allow  the 
teachers  of  their  respective  districts  at  least  one  day 's  pa>- for  one 
pay  in  each  school  year  for  their  actual  attendance  upon 
said  district  institute,  such  day  to  be  counted  as  if  spent 
in  teaching,  and  as  a  part  of  the  school  term.  The 
county  superintendent  shall  certify  to  the  secretary  jf 
each  board  of  education  the  attendance  of  teachers  at  the 
different  district  institutes,  and  credit  shall  be  allowed 
for  the  one  day's  attendance  herein  provided  for,  in  the 
school  month  in  which  said  institute  is  held.  Provided. 


day's  attend- 
ance. 


62 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Bond  of 
LTXr"'*6  duties 


Vacancies: 
how  filled. 


County  su- 
perintendent 
to  visit 
schools. 


That  no  teacher  shall  be  allowed  such  pay  unless  he  has 
been  regularly  employed  by  the  trustees  or  board  of  edu- 
cation. 

The  county  superintendent  shall,  before  entering  upon 
his  office,  execute  a  bond,  conditioned  ac- 
cording to  law,  before  the  county  court  of  his  county, 
or  the  clerk  thereof  in  vacation,  in  the  sum  of  one  thou- 
sand dollars,  with  approved  security  upon  which  bond 
he  shall  be  liable  in  any  court  having  jurisdiction,  to  any 
person  or  persons,  or  to  any  board  of  education  for  losses 
sustained  by  reason  of  his  neglect,  or  non-performance 
of  duties  imposed  by  this  chapter.  Said  bond  shall  be 
filed  in  the  office  of  the  clerk  of  the  county  court,  who 
shall  within  five  days,  certify  to  the  State  Superintend- 
ent of  Free  Schools  the  name  of  said  county  superin- 
tendent and  his  postoffice  address :  Provided,  That  the 
county  superintendents  heretofore  elected  shall  continue 
in  office  until  their  successors  shall  have  been  elected  and 
qualified  under  this  chapter. 

A  vacancy  in  the  office  of  county  superintendent  shall 
be  filled  for  the  unexpired  term  by  presidents  of  the 
boards  of  education  in  the  county,  at  a  meeting  to  be 
called  for  that  purpose  by  the  clerk  of  the  county  court 
at  the  court  house  of  the  county,  within  thirty  days  after 
the  vacancy  occurs.  A  majority  of  said  presidents  shall 
be  necessary  to  constitute  a  quorum  at  such  meeting. 

CXIV.  County  superintendents  must  make  their  reports  to  the  State 
Superintendent  full  and  complete  before  making  requisition  for  last 
quarter's  salary:  and  the  State  Superintpndpnt  must  seo  *-o  it  that 
said  report  is  full  and  accurate  before  issuing  his  requisition  upon 
the  Auditor  for  said  last  quarter's  salary  of  county  superintendent. 

CXV.  The  offices  of  county  superintendent  and  of  notary  public  are 
not  incompatible. 

CXVI.  The  county  superintendent  should  not  pay  the  secretaries 
until  he  has  examined  their  books  and  found  them  correct.  If  he  does 
this  he  violates  the  plain  provision  of  law  as  set  forth  in  section  8 
of  this  chapter. 

CXVI  I.  The  salary  of  the  county  superintendent  depends  on  or  is 
regulated  by  the  number  of  schools,  and  I  have  no  doubt  that  if  the 
number  of  schools  increase  so  as  to  increase  his  salary  durins;  his  term 
of  office  he  is  entitled  u>  such  increased  salary. — T.  S.  Riley,  At- 
torney-General. 

CXVIII.  Teachers  cannot  claim  pay  for  attendance  at  district  in- 
stitutes held  on  Saturday  for  that  is  not  a  legal  school  day.  It  would 
also  increase  their  salaries  without  warrant  of  law. — Romeo  H. 
Freer,  Attorney-General. 

54.  The  county  superintendent  shall  visit  each  school 
within  his  county,  at  least  once  in  each  school  year,  at 
such  time  as  he  may  deem  necessary  and  proper,  and 
note  the  course  and  method  of  instruction  and  the 
branches  taught  and  give  such  directions  in  the  art  of 
teaching,  and  the  method  thereof  in  each  school,  as  to 


SCHOOL  LAW  OP  WEST  VIRGINIA  63 

him  shall  seem  necessary  or  expedient,  so  that  the  uni- 
formity in  the  course  of  studies  and  methods  of  instruc- 
tion employed  shall  be  secured.,  as  far  as  practicable,  in 
the  schools  of  the  several  grades,  respectively. 

He  shall  acquaint  himself,  as  far  as  practicable,,  with 
the  character  and  condition  of  each  school,  noting  any 
deficiencies  that  may  exist,  either  in  thej^overnment  of 
the  school,  the  classification  of  its  scholars,  or  the 
method  of  instruction  employed  in  the  several  branches, 
and  shall  make  such  suggestions  in  private  to  the  teach- 
er, orally  or  by  writing,  as  to  him  shall  appear  to  be 
necessary  to  the  good  order  of  the  schools  and  the  pro- 
gress of  the  scholars.  He  shall  note  the  character  and 
condition  of  the  school  houses,  the  sufficiency  or  insuf- 
ficiency of  their  furniture  and  fixtures,  and  shall  make 
such  suggestions  to  the  several  boards  of  education  and 
trustees  as  in  his  opinion  shall  seem  conducive  to  the 
comfort  and  progress  of  the  scholars  in  the  several 
schools. 

55.  It  shall  be  the  duty  of  the  county  superintendent  {^^ntt!'3 
to  aid  the  teachers  in  all  proper  efforts  to  improve  them-  tutee. 
selves  in  their  profession.     For  this  purpose,  he  shall 
encourage  the  formation  of  county  institutes  for  mutual 
improvement;  shall  attend  the  meetings  of  said  institutes 
whenever  practicable,  and  give  such  advice  and  instruc- 
tion, in  regard  to  their  conduct  and  management,  as  in 

his  judgment  will  contribute  to  their  great  efficiency. 
In  connection  with  superintendents  of  the  adjoining 
counties,  each  county  superintendent  shall  encourage  the 
formation  of  union  institutes;  shall  attend  and  partici- 
pate in  the  exercise  of  the  same,  as  far  as  practicable; 
and  shall  use  all  proper  means  to  improve  the  efficiency 
of  the  teachers  and  to  elevate  their  profession. 

He  shall  at  all  times  conform  to  the  instructions  of 
the  State  Superintendent  of  Free  Schools,  as  to  the  mat- 
ters within  the  jurisdiction  of  the  said  Superintendent, 
and  shall  serve  as  the  organ  of  communication  between 
him  and  the  several  district  boards  of  education.  He 
shall  distribute  from  his  office  all  blanks,  circulars,  copies 
of  school  laws  and  other  communications  from  the  State 
Superintendent  to  the  several  boards  and  persons  en- 
titled to  receive  the  same. 

56.  In  addition  to  the  reports  mentioned  in  the  twenty-  county 
second  section,  it  shall  be  the  duty  of  the  county  super- 
intendent  to  make  out  and  transmit  to  the  State  Super- port, 
intendent  of  Free  Schools  a  detailed  report  of  the  condi- 
tion and  character  of  the  schools  within  his  county,  not- 
ing all  deficiencies  and  suggesting  their  remedies,  with 


64:  SCHOOL  LA'W  OF  WEST  VIRGINIA 

such  remarks  upon  the  operations  of  the  school  laws  as 
his  experience  and  observation  may  suggest,  pointing- 
out  wherein  he  considers  them  deficient.  He  shall  also 
report  such  districts  as  have  failed  to  make  returns  of 
the  enumeration  of  youth  as  required  in  the  nineteenth 
section  of  this  chapter  ;  and  also  those  districts  that  have 
failed  to  make  the  levy  required  in  section  forty.  It 
shall  be  the  duty  of  the  county  superintendent  to  make 
in  a  well  bound  book  to  be  kept  for  the  purpose,  a  record 
of  all  his  proceedings;  of  all  certificates  ussued  by  the 
board  of  examiners,  and  of  all  reports  made  by  him, 
which  book  shall  be  the  property  of  the  office;  and  all 
outgoing  county  superintendents  shall  make  the  report 
required  for  each  year  of  their  service. 

CXIX.  The  law  as  laid  down  in  section  56,  is  explicit  in  requiring 
a  written  report  of  the  condition  of  the  schools  and  school  work  over 
which  they  have  supervision.  Blank  pages  are  found  in  the  county 
superintendent's  •'annual  report"  and  the  same  should  be  properly 
filled. 

School  officers     57.  No  school  officer,  or  teacher  of  any  free  school,  shall 
not  tolSfas  act  as  agent  for  any  author,  publisher,  bookseller,  or  other 
agents.          person,  to  introduce  or  recommend  the  use  of  any  book, 
•  apparatus,  furniture,  or  other  article  whatever,  in  the 

free  schools  of  this  State,  or  any  one  or  more  of  them, 
or  directly  or  indirectly  contract  for  or  receive  any  gift 
or  reward  for  so  introducing  or  recommending  the  same  ; 
nor  shall  such  person  be  otherwise  interested  in  the  sale, 
proceeds  or  profits  of  any  book  or  other  thing  used,  or 
to  be  used  in  said  schools  :  Provided.  That  nothing 
herein  shall  be  construed  to  apply  to  any  book  written, 
or  thing  invented  by  such  person,  or  to  merchants  who, 
in  connection  with  their  business,  may  desire  to  sell 
school  books  or  other  things  used  in  schools.  Provided, 
further.  That  the  same  are  embraced  in  the  prescribed 
series. 

CXX.  It  is  not  a  violation  of  law  for  the  teacher  to  order  for 
the  pupils  of  his  school,  they  furnishing  the  money,  the  lawful  con- 
tract school  books  they  need,  at  the  contract  price,  either  by  mail  or 
express.  The  teacher  would  violate  the  law,  however,  if  he  took  any 
profit,  or  in  any  sense  became  an  agent  or  dealer  in  school  books. 


board1  1>o°k  ^  r-here  ^  hereby  established  in  every  county  of  this 
State  a  school  book  board,  to  be  composed  of  the  county 
superintendent  of  the  county,  who  shall  be  a  member 
and  the  secretary  of  the  board  and  eight  other  reputable 
citizens  and  taxpayers  of  the  county.  At  least  four  of 
the  eight  shall  be  freeholders  and  not  school  teachers, 
and  at  least  three  shall  be  persons  actively  engaged  as 
teachers  in  the  schools  of  the  county,  and  shall  hold  a 
teacher's  number  one  certificate  or  its  equivalent.  Not 
more  than  five  of  said  eight  shall  belong  to  the  same 


SCHOOL  LAW  OF  WEST  VIRGINIA  65 

political  party.     The  said     eight  persons     shall  be  ap- 
pointed by  the  county  court.    The  term  of  office  of  each 
of  said  members  shall  be  four  years  and  until  their  sue-  term  of  office, 
lessors  are  appointed,  beginning  on  the  first  day  of  July 
next  after  their  appointment.     Said  appointment  shall 
be  made     on  or  before  the    fifteenth  day  of  June,  one  when 
thousand  eight  hundred  and  ninety-seven,  and  in  every  ai 
fourth  year  thereafter  on  or  Before  the  fifteenth  day  of 
July,  and  the  term  of  office  of  those  appointed  after  the 
first  appointment  (except  appointments  to  fill  vacancies) 
shall  begin  on  the  first  day  of  August  next  after  their  ap- 
pointment, and  continue  four  years  and  until  their  suc- 
cessors are  appointed.     They  shall  receive  as  compensa-  Compensa- 
tion for  their  services  the  sum  of  two  dollars  per  day  for 
each  day  they  shall  be  in  session  as  a  board,  and  shall  not 
receive  pay  for  more  than  two  days  in  any  one  year,  which 
compensation  shall  be  paid  out  of  the  county  treasury. 
Vacancies  in  said  board  shall  be  filled  for  the  unexpired  vacancies, 
term  in  the  same  manner  as  the  original  appointment 
was  made.     Five  members  shall    constitute  a    quorum,  Quorum 
but  a  smaller  number    may    adjourn  from  day  to  day 
until  a  quorum  appears.     Every  person    so    appointed 
shall,  before  entering  upon  his  duties,  take  an  oath  that 
he  will  support  the  Constitution  of  the  United  States  and 
the   Constitution  of  West  Virginia,   and  that  he   will 
faithfully  discharge  the  duties  o£  his  office.     A  certifi- 
cate of  every  such  oath  shall  be  filed  with  and   preserved 
by  the  clerk  of  the  county  court. 

II.  The  secretary  shall  keep  a  record,  in  a  book  pro-  secretary, 
vided  for  the  purpose,  of  the  transactions  of  every  meet- 
ing of  the  board,  and  shall  record  the  names  of  the  mem- 
bers voting  for  and  against  every  proposition  to  adopt 

any  text-book;  which  record  shall  be  open  to  the  inspec- 
tion of  any  citizen  of  the  county. 

III.  Immediately  after  the  appointment  of  said  board, 
in  the  year  one  thousand  eight  hundred  and  ninety-seven, 
it  shall  be  the  duty  of  the  county  superintendent  to  com- 
municate with  the  publishers  of  text  books,  inviting  the 
submission  by  such  publishers  of  samples  and  prices  of 
their  books.     When  such  samples  and  prices  have  been 
obtained,  it  shall  be  the  duty  of  said  board  to  meet  at 

the  county  seat  on  or  before  the  first  Monday  of  August,  Fir8t  meeting. 

one  thousand  eight  hundred  and  ninety-seven,  on  the 

call  of  the  county    superintendent,    and     organize    by 

choosing  one     of  their     number  president.     Said  board 

shall  then  proceed  to  select  and  adopt  one  text  book,  or 

a  series  of    text-books,  on  each  subject    required  to  be 

taught  in  the  free  schools  of  the  State,  and  not  provided 


66 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Retail  price, 
&c. 


Secretary  to 
report. 


Meeting  be- 
fore expira- 
tion of 
contract. 


County  Su- 
perintendent 
to  call 

meeting. 


for  by  contract  under  chapter  thirty-seven  of  the  Acts 
of  one  thousand  eight  hundred  and  ninety-five,  for  a 
term  of  five  years,  due  reference  being  had  to  the  char- 
acter of  the  books  and  the  terms  offered.  It  shall 
require  the  affirmative  votes  of  five  members  of  the 
board  to  adopt  such  book,  or  series  of  books,  at  said 
first  meeting. 

IV.  In  making  selection  of  text-books,  at  any  time,  it 
shall  be  the  duty  of  said  board  to  procure  the  "best  possi- 
ble terms  for  exchange  and  introduction   and  for  the 
regular  supply  of.  the  books  for  a  term  of  five  years,  and 
they  are  hereby  empowered  to  fix  the  retail  price   at 
which  such  adopted  books  shall  be  sold  after  the  exchange 
and  introduction  have  been  effected,  but  such  permanent 
retail  price  shall  not  exceed  twenty-five  per  cent,  advance 
on  the  net  contract  price. 

V.  Said  board  shall,  upon  making  an  adoption  of  any 
text-books,   decide  upon  the  date  when   such  adoption 
shall  go  into  effect.     The  secretary  shall  send    to    the 
State  Superintendent  of  Free  Schools,    and  to    all  the 
boards  of  education  in  the  county,  notice  of  the  names 
of  the  books  adopted,  the  prices  fixed  therefor,  and  the 
date  fixed  for  their  introduction  and  use  in  the  schools 
of  the  county. 

VI.  At  least  six  months  before  the  expiration  of  the 
contract  made  under  provisions  of  chapter  thirty-seven 
of  the  Acts  of  one  thousand  eight  hundred  and  ninety- 
five,  it  shall  be  the  duty  of  the  State  Superintendent  to 
notify  the  county  superintendent  of  .every  county  of  the 
date  of  the  expiration  of  such  contracts  and  the  name 
of  the  text-books  thereby  affected;  and  it  shall  be  the 
duty  of  said  board  to  meet  upon  the  call  of  the  county 
superintendent,  at  least  three  months  before  the  expira- 
tion of  any  such  contract,  and  adopt  one  text-book,  or 
a  series  of  text-books,  on    each    subject    contracted  for 
under  said  chapter  thirty-seven    of    the    Acts    of  one 
thousand  eight  hundred  and  ninety-five,  for  a  term  of 
five  years.     On  the  call  of  the  county  superintendent, 
the  board  shall  meet  in  regular  session  at  least  three 
months  before  the  expiration  of  any  contract  made  un- 
der the  provisions  of  this  act,  and  select  the  necessary 
books  to  be  used  for  the  succeeding  term  of  five  years. 
If  any  publisher  shall  fail  or  refuse  to  furnish  any  book 
contracted  for  under  the  provisions  of  this  act,  it  shall 
be  the  duty  of  the  said  board,  on  the  call  of  the  county 
superintendent,  to  meet  and  select  books  to  be  used  in- 
stead of  those  which  said  publishers  have  failed  or  re- 
fused  to    furnish.     But  no     books     shall  thereafter   be 


SCHOOL  LAW  OP  WEST  VIRGINIA  67 


adopted  of  a  publisher  who  shall  have  failed  or  re- 
fused  to  fulfil  his  contract  with  any  board  In  the  State, 
and  the  name  of  any  such  publisher  shall  be  furnished 
by  the  secretary  of  said  board  to  the  State  Superintend- 
ent of  Free  Schools,  and  the  State  Superintendent  shall 
communicate  the  same  to  every  county  superintendent. 

VII.  No  text-book  or  series  of  text-books,  on  any  one  Present  con- 
subject  now  contracted  for  under  said  chapter  thirty-  r  imai 
seven  of  the  Acts  of  one  thousand  eight  hundred  and  force> 
ninety-five,   or  that  shall  be  contracted  for  under  the 
provisions  of  this  act,  shall  be  changed  for  another  or 
different  book  or  series  of  books  except  by  the  affirma- 

tive votes  of  five  members  of  the  board:  Provided, 
That  no  change  in  the  text-books  contracted  for  under 
the  provisions  of  said  chapter  thirty-seven  of  the  acts 
of  one  thousand  eight  hundred  and  ninety-five  shall  be 
made  until  the  expiration  of  such  contracts,  unless  for 
failue  of  the  contractor.  And  not  more  than  one  book 
or  one  series  of  books  on  one  subject,  shall  be  changed 
in  any  one  year,  except  by  the  affirmative  votes  of  six  book  ^ 
members,  and  except  as  provided  in  section  three  :  Pro-  except! 
videdj  That  in  case  of  failure  of  a  publisher  to  comply 
with  his  contract,  the  board  may,  by  the  affirmative  vote 
of  five  members,  adopt  other  books  in  place  of  those  con- 
tracted for. 

VIII.  After  the  adoption  of  any  text-books  the  board  who  may  se 
shall  contract  wilth  the  publishers  proposing  the  same,  b( 

to  supply  said  books  in  sufficient  quantities,  for  a  term 
of  five  years,  beginning  on  a  date  to  be  stated  in  the 
contract,  to  every  board  of  education,  depositary,  agent 
of  said  school  book  board  or  of  said  board  of  education, 
or  to  any  dealer  or  other  person  of  the  county,  at  the 
prices  named  in  this  contract,  and  free  on  board  the  cars 
at  the  place  of  publication  or  other  place  (which  place 
shall  be  named  in  such  contract)  ;  and  that  said  books 
shall  be  equal  in  binding,  typography,  and  in  all  other 
respects  to  the  samples  furnished;  and  that  no  changes 
shall  be  made  in  said  book  during  the  life  of  the  con- 
tract. In  such  contract  shall  be  stated  the  accurate  title 
of  every  book  therein  contracted  for,  the  name  of  the  ' 
author  and  of  the  publisher  thereof,  and  the  agreed  ES$?  of 
price  or  prices  thereof.  Forms  of  such  contract  shall 
be  prepared  by  the  State  Superintendent  of  Free 
Schools  and  furnished  to  each  county  superintendent. 
Every  dealer  or  publisher  entering  into  such  contract, 
shall  furnish  to  the  county  superintendent  a  sample  copy 
of  each  book  contracted  for,  and  the  county  superintend- 
ent shall  attach  to  each  of  said  books  a  label  bearing 


68 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Bond  of 
publisher. 


No  school 
officer   act  as 
agent. 


Depositaries. 


Bond  of 
Depositary. 


Depositary 
to  keep 
books. 


thereon :     * '  Sample  copy  contracted  for  with k  . 

on  the day  of 189. . 

,   County  Superintendent." 

IX.  Every  publisher  entering  into  contract  with  any 
board  under  the  provisions  of  this    act,    shall,    within 
thirty  days  thereafter,  give  a  bond,  in  the  penalty  of 
ten  thousand  dollars,  to  be  approved  by  the  Governor 
and  deposited  with  the  State  Superintendent  of  Free 
Schools,  conditioned    for    the    faithful  performance  of 
every  such  contract  made  by  such  publisher  theretofore 
or  thereafter  with  any  such  board. 

X.  No  member  of  said  board  shall  serve,  directly  or  in- 
directly, as  the  agent  for  any  publisher  in  school  books 
competing  for  adoption  under  the  provisions  of  this  act, 
or  be  personally  interested  in  any  school  book,  and  no 
teacher  nor  school  officer  shall  act  as  agent  for  any  school 
book. 

XI.  At  the  first  meeting  after  the  thirtieth  day  of 
June,  one  thousand  eight  hundred  and  ninety-seven,  the 
board  of  education  of  any  district  in  this  State  may  (at 
their  option)   appoint  one  or  more  depositaries  in  each 
district,  and  when  practicable  one  or  more  depositaries 
at  or  near  each  postoffice,  who  shall  keep  at  all  times  a 
sufficient  supply  of  text-books  to  supply  the  free  schools 
of  the  neighborhood.     Bach  depositary  shall  execute  a 
bond  in  the  penalty  of  double  the  value  of  the  books 
which  he  will  probably  have  on  hand  at  any  time,  but 
in  no  event  of  a  less  penalty  than  one  hundred  dollars; 
which  bond  shall  be  approved  by  the  board  of  educa- 
tion and  filed  with  the  secretary  thereof.     The  board  of 
education  may  discharge  any  depositary  at  any  time, 
and  require  him  to  deliver  the  books  in  his  possession 
to  such  person  as  the  board  may  name,  and  require  the 
depositary  to  settle  his  accounts  and  pay  over  to  the 
sheriff  any  balance  in  his  hands  on  or  before  a  date 
named  by  the  board. 

XII.  Each  depositary  shall,  on  or  before  the  first  day 
of  .September  in  each  year,  unless  the  board  of  educa- 
tion shall  name  an  earlier  date,  make  out  a  list  of  the 
text-books,  in     sufficient     quantity    in    his     judgment 
to  supply     the    schools    in    his    neighborhood    for     a 
period  of  six  months,  and  from  time  to  time  thereafter 
each  depositary  shall  make  out  additional  lists  of  such 
books,  so  that  he  may  at  all  times  have  a  sufficient  sup- 
ply on  hand ;  such  lists,  when  approved  by  the  board  of 
education,  or  the  president  thereof,  shall  be  signed  by 
him  and  the  secretary  thereof,  and  by  the  secretary  for- 
warded to  the  address  of  the  publishers  of  the  books 
therein  named. 


SCHOOL  LAW  OF  WKST  VIRGINIA  69 

XIII.  It  shall  be  the  duty  of  said  publishers  promptly  ^°k1Bce«  of 
to  forward  the  books  therein  named  to  such  depositary, 
and  to  make  out  two  invoices  or  bills  therefor,  one  of 
which  shall  be  forwarded  to  the  depositary  and  the  other 
to  the  secretary  of  the  board  of  education.  The  board 
of  education  shall  supply  the  secretary  with  a  proper 
book  in  which  to  keep  the  accounts  of  all  the  deposi- 
taries in  the  district.  On  the  receipt  of  each  invoice  the 
secretary  shall  charge  the  amount  thereof  against  the 
depositary  receiving  the  books  therein  named,  in  said 
account  book,  and  file  or  preserve  the  invoice  or  bill. 
If  there  be  any  error  in  such  invoice  or  bills,  the  depos- 
itary receiving  the  same  shall  promptly  notify  the  pub- 
lisher making  the  same;  and  if  such  publisher  fail  to 
correct  such  error  within  twenty  days  thereafter,  such 
depositary  shall  notify  the  secretary  of  the  board  of 
education  thereof,  and  the  board  of  education  shall 
investigaio  the  same  and  take  such  action  therein  as  may 
be  proper  and  just.  Eeach  depositary  shall  pay  to  the  payment  to 
sheriff  of  the  county,  at  the  end  of  each  thirty  days,  or  the.sheritt. 
oftener  if  required,  and  whenever  required  by  the  board 
of  education,  the  amount  received  by  him  from  the  sale 
of  such  text-books  since  his  last  previous  payment,  less 
his  commission  (to  be  fixed  by  the  board  of  education  De  osltar  v 
and  not  to  exceed  fifteen  per  cent,  on  the  amount  of  commission? ' 
such  sales),  and  the  amount  paid  by  him  for  transporta- 
tion chnriics  on  such  books;  provided.  That  each  state- 
ment of  charges  to  the  sheriff  shall  be  accompanied  by 
all  the  transportation  bills  paid  by  said  depositary.  The 
sheriff  shall  duplicate  receipts  therefor  to  such  deposi- 
tary, wherein  shall  be  stated  the  total  amount  of  such 
sales  and  the  amount  paid  by  such  depositary  to  the 
sheriff,  one  of  which  receipts  shall  be  filed  by  such 
depositary  with  the  secretary  of  the  board  of  education, 
and  upon  receiving  the  same  said  secretary  shall  credit 
the  account  of  said  depositary  with  the  amount  appear- 
ing thereby  to  have  been  so  paid  by  him  to  the  sheriff 
and  the  amount  paid  for  transportation  charges,  and  the 
amount  of  said  commission  by  separate  items,  and  said, 
secretary  shall  charge  against  the  account  of  the  sheriff, 
which  he  is  hereby  required  to  keep,  the  amount  paid 
by  such  depositary  to  such  sheriff,  to  be  accounted  for 
by  the  sheriff  in  his  annual  settlement  with  the  board 
of  education.  The  amounts  received  from  the  sales  of 
such  books  shall  be  credited  to  the  building  fund  of  the 
district. 

XIV.     The  board  of  education  of  each  district  shall  Board  of 
be  liable  in  its  corporate  capacity  for  the  whole  amount  Haw?.  * 


70 


SCHOOL  LAW  OF  WEST  VIRGINIA 


of  all  such  text-books  furnished  to  the  depositaries  in  the 
manner  hereinbefore  prescribed,  and  shall  within  sixty 
days  from  the  date  of  any  invoice  or  bill  of  text-books 
supplied  by  the  publishers  thereof  to  any  depositary  in 
the  district  in  the  manner  prescribed  in  the  preceding 
section,  cause  an  order  to  be  issued  in  favor  of  such 
publisher,  payable  out  of  the  building  fund  of  the  dis- 
trict, and  cause  such  order  to  be  forwarded  by  mail  T,O 
such  publishers.  On  presentation  of  such  order  to  him 
the  sheriff  shall  pay  the  amount  thereof  to  fhe  party 
entitled  to  receive  the  same,  if  there  be  in  his  hands  suf- 
ficient funds  due  the  building  fund  of  said  district;  but 
if  the  sheriff  have  not  sufficient  of  such  funds  to  pay 
the  same,  he  shall  endorse  on  the  back  thereof  the 
words  "Presented  for  payment,"  with  the  date  of  such 
presentation  and  said  order  shall  draw  interest  from 
that  date. 

If  the  Sheriff  shall  fail  or  refuse  to  pay  such  order 
when  he  has  funds  in  his  hands,  or  should  by  law  have 
the  same,  with  which  to  do  so,  he  shall  be  liable  as  pro- 
vided in  section  forty-six  of  chapter  forty-five  of  the 
Code. 

XV.  The  board  of  education  shall  pay  the  cost  of  such 
books  and  the  amount  of  charges  for  transportation  out 
of  the  building  fund  of  the  district,  and  shall  lay  an 
annual  levy  for  the  same  upon  the  taxable  property  of 
the  district  in  the  manner  and  at  the  time  that  other 
levies  are   laid   for  said  fund,   and  if  at  any  time  any 
scholar  or  scholars  should  remove  from  the  county  into 
another  county  in  which  a  different  book,  or  series  of 
books,  or  different  books  have  been  adopted,  the  board 
of  education  of  any  district  are  authorized  to  purchase 
from  such  scholar  or  scholars  with  money     from    the 
building  fund    and    at  a  fair    valuation,    such  book  or 
books  or  series  of  books  as  may  not  be  adopted  in  the 
county  to  which  they  may  remove:    Provided,  That  the 
provisions  of  this  section  shall  not  apply  to  districts  in 
which  no  depositary  shall  be  appointea. 

XVI.  The  board  of  education  may  remove  any  deposi- 
depositary.     tarv  jn  his  district  at  any  time,  and  appoint  another  in 

his  stead;  may  require  him  to  execute  a  new  bond,  or 
additional  bond,  whenever  in  their  opinion  they  shall 
deem  it  necessary,  and  may  cause  to  be  made  at  any  time 
an  invoice  of  the  text-books  in  the  possession  of  any  such 
depositary.  It  shall  be  the  duty  of  every  depositary 
whenever  the  board  of  education  shall  order,  to  turn 
over  to  his  successor  or  such  other  person  as  the  said 
•board  may  name,  all  text-books  in  his  possession. 


Books  paid 
building  f 


SCHOOL  LAW  OF  WEST  VIRGINIA  71 

XVII.  Every  depositary  shall  receive  from  any  resi-  Bookein 
dent  of  his  district  copies  of  the  books,  that  may  at  any  exchange, 
time  be  superseded  by  adoption  of  other  books  in  their 

stead,  at  the  contracted  exchange  allowance  of  such  super- 
seded books,  to  be  applied  on  payment  of  adopted 
books.  Each  depositary  shall  turn  over  such  superseded 
books  to  the  board  of  education  at  such  times  as  the 
board  may  direct,  and  shall  receive  credit  on  his  account 
for  the  value  thereof.  Such  superseded  books  shall  be 
held  by  the  board  of  education  subject  to  the  orders  of 
the  publishers  thereof,  for  a  period  of  not  -longer  than 
three  months. 

XVIII.  If  any  teacher  in  a  primary  or  graded  school 
of  the  free  school  system  of  this  State  use,  or  cause  to 
be  used  in  such  primary  or  graded   school,   any  text- 
books not  authorized  in  place    of    an  authorized  book, 
then  the  county  superintendent  shall  apply  to  the  board 
of  education  for  an  order  signed  by  said  board,  directed 
to  such  teacher,  requiring  the  use  of  such  unauthorized 
text-book  to.  be  discontinued ;  and  if  any  teacher  shall 
disobey  any  such  order  issued  by  said  board  of  educa- 
tion, such  teacher  shall  forfeit  the  sum  of  fen  dollars  for 
each  such  offense,  and  it  shall  be  the  duty  ot  the  board 
of  education  of  the  district  where  said  teacher  is  em- 
ployed to  retain  that  amount  out  of  the  salary  of  said 
teacher,  which  amount  so  forfeited  shall  be  paid  into  the 
teachers'  fund  of  such  district. 

XIX.  Any  publisher,     school     officer,     depositary,  Misdemeanor, 
dealer,  teacher  or  other  person,  violating  tlje  provisions 

of  this  act,  shall  be  guilty  of  a  misdemeanor,  and,  on 
conviction  thereof,  shall  be  fined  for  each  offense  not  less 
than  five  nor  more  than  fifty  dollars. 

XX.  Nothing  contained  in  this  act  shall  be  construed  Acts  repealed. 
as  changing  or  modifying  the  contracts  heretofore  made 

with  publishers  of  text-books  under  authority  of  chap- 
ter thirty-seven  of  the  Acts  of  one  thousand  eight  hun- 
dred and  ninety-five ;  and  all  acts,  or  parts  of  acts,  com- 
ing within  the  purview  of  this  act  and  inconsistent  there- 
with, are  hereby  repealed.  .  . 

(."Sb  Passed  Feb.  27.  1903.) 

I.  The   boards   of    education   throughout    the    State  Free  text 
may,  out  of  the  building  funds  of  their  district,  purchase  books- 
the  necessary  prescribed  text-books  to  .be  used  "By  the 
pupils  of  the  several  schools  therein  under  their  control.1 

II.  In  any  district  where  the  board  of  education  de-  Books  to  be 
termines  to  purchase  and  furnish  to  the  pupils  of  their  k|P* 
schools  such  free  text  books',  they  shall  enter  an  order 


72 


SCHOOL  LAW  OF  WEST  VIRGINIA 


secretary  to 
deliver  books 
to  teachers. 


Teachers  to 
exercise  gen- 
eral control 
over  books 
during-  term. 


Pupils  to  re- 
place books 
unnecessarily 
destroyed. 


Secretary's 
remunera- 
tion. 


Fines  for 
violations. 


upon  their  records  to  that  effect  and  shall  cause  said 
books  to  be  kept  in  charge  by  the  secretary  of  such  board 
and  furnished  to  the  school  children  of  their  district  as 
hereinafter  provided. 

III.  At  the  commencement  of  every  term  of  school  in 
such  district  the  secretary  shall  deliver  to  the  teachers  of 
the  several  schools  of  the  district  such  books  as  may  be 
necessary  for  the  use  of  the  several  pupils  therein  for  the 
ensuing  term  of  school  and  take  from  them  a  receipt  .show- 
ing the  number  and  kind  of  books 'so  received.     It  shall 
be  the  duty  of  such  teachers  to  take  charge  of  such  books 
and  to  distribute  the  same  among  the  several  pupils  of 
their  schools  as  they  may  from  time  to  time  need  the  same, 
and  said  teachers  shall  have  and  exercise  general  control 
of  said  books  during  such  term  and  at  the  close  thereof 
shall  collect  and  gather  together  all  the  books  so  used 
during  the  term  and  deliver  the  same  to  tHe  secretary  of 
the  board  of  education.     Provided  that  if  any  of  the 
books  so  delivered  to  any  pupils  of  such  district  shall  be 
unnecessarily  injured  or  destroyed,  the  same  shall  be  re- 
placed by  the  pupils  who  so  injured  or  destroyed  them. 

IV.  All  such  books  shall  be  purchased  by  the  board 
of  education  directly  from  the  publishers  contracted  with 
as  prescribed  by  law  and  at  the  net  contract  price,  Pro- 
vided, That  such  text  books  as  are  now  in  tHe  possession 
of  pupils  shall  be  used  by  them  so  long  as  they  ? ^e  suit- 
able for  such  use. 

V.  The  secretary  for  his  services  in  this  matter  shall 
receive  a  compensation  in  addition  to  his  salary  as  such 
secretary  a  sum  not  exceeding  fifty  dollars  ($50.00)  per 
year. 

59.  If  any  officer  or  teacher,  fail  to  perform  any  duty 
required  of  him  by  this  chapter,  or  violate  any  provis- 
ion thereof,  and  there  is  no  other  Sue  or  punishment 
imposed  therefor,  by  law,  he  shall  be  fined  not  less  than 
three,  nor  more  than  ten  dollars,  for  every  such  offense, 
to  be  recovered  before  a  justice  of  the    peace    of    the 
county;  and  such  fine  shall  not  impair  or  affect  his  lia- 
bility for  damages  to  any  person  injured,  nor  the  lia- 
bility of  himself  and  sureties  on  his  official  bond.    If  the 
board  of  education  of  any  district  or  independent  school 
district,  fail  to  perform  any  duty  required  by  this  act, 
each  member  of  such  board  shall  be  liable  to  the  full 
penalty  imposed  by  this  section,  unless  he  show  that  he 
was  not  guilty  of  any  neglect  or  default  in  the  premises. 

60.  For  the  support  of  free  schools,  there  shall  l)e  a 
state  tax  levied,  annually,  of  ten  cents  on  the  one  hun- 
dred dollars '  valuation  on  all  the  real  and  personal  prop- 


SCHOOL  LAW  OF  "VVEvST  VIRGINIA  73 

orty  of  the  State,  which  .  together  with  the  interest  of 
the  invested  school  fund,  the  net  proceeds  of  all  forfeit- state  school 
ures,  confiscations  and  fines  which  accrued  to  the  State 
during  the  previous  year,  the  proceeds  of  the  annual 
capitation  tax,  dividends  on  bank  stock  held,  by  the 
board  of  the  school  fund,  and  the  interest  accruing  on 
stocks  invested  in  United  States  bonds,  shall  be  set  apart 
as  a  separate  fund  to  be  called  "the  general  school 
fund,"  and  shall  be  annually  applied  to  the  support  of 
free  schools  throughout  the  State,  and  to  no  other  pur- 
pose whatever.  It  shall  be  distributed  to  the  several 
counties  in  the  State  in  proportion  to  the  number  of  schoo?1 
youth  therein,  according  to  the  latest  enumeration  made  Fund- 
for  school  purposes :  but  the  Auditor  shall  first  deduct 
therefrom  the  aggregate  salary  of  the  State  Superin- 
tendent of  Free  Schools,  and  the  necessary  traveling 
and  contingent  expenses  of  his  office,  together  with  such  , 

other  sums  as  may  be  required  to  be  paid  by  him  out  of 
the  general  school  fund.  Fifty  per  cent,  of  this  dis- 
tributable sum  shall  be  paid  on  the  fifteenth  day  of  Sep-  ^ternibuted. 
tember,  and  the  remainder  on  the  fifteenth  day  of  De- 
cember, of  each  year,  and  in  the  manner  provided  in  the 
sixty-first  section  of  this  chapter. 

61.  Ii  shall  be  the  dutv  of  the  Auditor,  011  or  before 
the  tenth  day  of  June,  in  each  year,  to  ascertain  the 
amount  which  is  distributable  among  the  several  conn-  distributing 
ties  as  aforesaid,  and  notify  the  State  Superintendent  of        6  8C 
Free  Schools  thereof,  who  shall  thereupon  ascertain  the 

proper  >harc  of  each  county  and  notify  the  Auditor  and 
each  county  superintendent,  also,  the  amount  deducted 
hv  the  Auditor  from  the  share  of  his  county  on  account 
of  salary  paid  the  county  superintendent,  as  required  by 
section  fifty-four,  which  amount  the  county  superintend- 
ent shall  also  deduct  from  the  share  of  His  county  before 
making  his  distribution  of  the  same  among  the  several 
districts  thereof. 

Upon  receiving  such  notice,  the  county  superintend-  County  su- 
ent  shall  ascertain  the  proper  share  of  each  district,  and 
independent  school  district,  of  his  county,  according 
the  number  of  youths  therein,  and  give  notice  to  the 
board  of  education  of  each   district,   and  independent 
school  district,  in  the     county,  of  the     amount  of  the 
general  school  fund  due  each,  respectively,  and  that  the 
same  cannot  be  drawn  by  them  until  they  have  made  the 
levy  required  by  the  fortieth  section  of  this  chapter.' 

62.  Upon  being  officially  notified  by  the  secretary  of 
the  board  of  education,  in  the  manner  provided  for  in 
the  forty-fourth  section  of  this  chapter,  that  the  board 


74 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Requisition 


education  has  authorized  the  levy  ?or  school  purposes, 
on  Auditor,  the  county  superintendent  shall  issue  his  requisition  on 
the  Auditor,  payable  to  the  order  of  the  sheriff  of  his 
county  for  the  amounts  due  such  districts  as  may  have 
made  the  levy  aforesaid,  which  shall  be  paid  in  two 
equal  installments,  payable  on  the  fifteenth  days  of 
September  and  December,  respectively;  whereupon  the 
Auditor  shall  issue  his  warrant  upon  the  Treasurer  in 
favor  of  the  sheriff  for  the  amount  of  such  requisition, 
indicating  in  writing  upon  said  warrant  the  depositary 
upon  which  the  same  shall  be  drawn;  and  the  Treasurer 
shall  thereupon  be  authorized  and  required  to  draw  his 
check  upon  the  said  depositary  for  the  said  amount. 

The  requisition  of  the  county  superintendent  shall  be 
in  form  or  in  substance  as  follows: 


Form'of  OFFICE      OF      THE      COUNTY      SUPERINTENDENT      OF      FREE 

requisition.  SCHOOLS, 

County  of ,  the day  of ,  18 — . 


State  Super- 
intendent. 


Auditor  of  West  Virginia: 

Pay  to  the  order  of 

county, dollars, 


,  sheriff  of  — 

the  amount  of  State  school 

fund  apportioned  to  the  district  (or  independent  school 
district)  of ,  in  said  county  for  the  year  18—. 

And  I  hereby  certify  that  said  district  (or  independ- 
ent school  district),  has  made  the  levy  required  by  law, 
for  school  purposes,  and  that  said  sheriff  has  given  the 
bond  required  by  law. 

A B ,  County  Superintendent  of 

Schools. 

CXXI.  Sections  42  and  61  prohibit  any  district  or  independent 
school  district  from  receiving  its  proportion  of  the  State  school  fund, 
until  it  has  laid  the  local  levy  required  by  section  40.  County  super- 
intendents should  inform  the  Auuitor  if  a  district  votes  down  the  levy 
that  he  may  act  in  compliance  with  section  42. 

63.  There  shall  be  elected  a  State  Superintendent  of 
Free  Schools  for  the  State,  whose  term  of  office  shall  be 
the  same  as  that  of  the  Governor.  He  shall  be  a  person 
of  good  moral  character,  of  temperate  habits,  of  literary 
acquirements,  and  skill  and  experience  in  the  art  of 
teaching.  He  shall  receive  annually  the  sum  of  one 
thousand  five  hundred  dollars  in  payment  for  his  ser- 
vices, to  be  paid  monthly  out  of  the  school  fund  upon  the 
warrant  of  the  Auditor.  If  in  the  performance  of  any 
duty  imposed, upon  him  by  the  Legislature,  he  shall  in- 
cur any  expenses,  he  shall  be  reimbursed  therefor. 
Provided,  The  amount  does  not  exceed  five  hundred  dol- 
lars in  any  one  year. 


SCHOOL  LAW  OF  WEST  YIRGINIA  75 

64.  The  State  Superintendent  shall  reside  and  keep  state  Super. 
his  office  at  the  seat  of  government.     He  shall  provide  Uttewtemt. 

a  seal  for  his  office,  and  copies  of  his  acts  and  decisions, 
and  of  papers  kept  in  his  office,  authenticated  by  his 
signature  and  official  seal  shall  be  evidence  equally  with 
the  original.  He  shall  sign  all  requisitions  on  tne  Audi- 
tor for  payment  of  money  out  of  the  State  treasury 
for  school  purposes,  except  as  hereinafter  provided. 

65.  The  State  Superintendent  shall  be  charged  with  ttetfsS'per- 
the  supervision  of  all  county  superintendents  and  free intendent- 
schools  of  the  State,  and  see  that  the  school  system  is 
carried  into  effect.     He  shall  prepare  and  transmit  to 

the  county  superintendents  instructions  how  to  conduct 
the  elections  prescribed  in  this  chapter,  to  keep  and 
transmit  the  official  records  and  ballots  tEereof,  and  the 
manner  of  ascertaining  and  announcing  the  results,  so 
as  to  conform  the  same  to  the  provisions  ol  this  chapter, 
and  also  to  such  provisions  of  the  general  election  laws 
of  the  State  as  may  not  be  inconsistent  therewith;  he  . 
shall  prescribe  and  cause  to  be  prepared  all  forms  and 
blanks  necessary  in  the  details  of  the  system,  so  as  to 
secure  its  uniform  operation  throughout  the  State,  and 
shall  cause  the  same  to  be  forwarded  to  the  several 
county  superintendents,  to  be  by  them  distributed  to  the 
persons  entitled  to  the  same.  He  shall  cause  as  many 
copies  of  this  chapter  and  other  school  laws  in  force  with 
such  forms,  regulations  and  instructions  as  lie  may  judge 
expedient,  thereto  annexed,  to  be  from  time  to  time 
published,  as  he  may  deem  expedient,  and  shall  cause 
the  same  to  be  forwarded  to  the  county  superintendents, 
to  be  by  them  distributed  to  the  persons  entitled  to  re- 
ceive them. 

66.  It  shall  be  the  duty  of  the  State  Superintendent guties  of 

«,.  i  ,  /•    f  i       \  .1     State  Super- 

to  aim  at  perfecting  the  system  of  free  schools  as  estab-  intendent. 
lished  in  the  State:  and  for  this  purpose  it  shall  be  his 
duty  to  correspond  with  educators  and  school  officers 
abroad,  to  acquaint  himself  with  the  various  systems  of 
free  schools  established  in  other  _states  and  countries, 
collate  the  results  as  exhibited  in  tEe  reports  of  their  sev- 
eral superintendents,  and  to  use  all  efforts  necessary  to 
enable  him  to  render  available  the  combined  results  of 
the  experience  of  other  communities  with  his  own  expe- 
rience and  observation. 

He  shall  acquaint  himself  intimately  with  the  peculiar 
educational  wants  of  each  section  of  the  State,  and*  shall 
take  all  proper  means  to  supply  them,  so  that  the 
schools  shall  be  as  nearly  as  possible  equal  and  uniform 
in  grade  throughout  the  State.  He  shall  acquaint  him- 


76  SCHOOL  LAW  OF  WEST  VIRGINIA 

self  with  the  different  systems  and  methods  of  instruc- 
tion which  may  be  introduced  among  educators,  and 
shall  explain  and  recommend  such  as  experience  and 
sound  principles  of  education  may  have  demonstrated  to 
be  valuable ;  and  it  snail  be  his  duty  to  endeavor  to  ren- 
der available  to  the  people  of  this  State  all  such  im- 
provements in  the  system  of  free  schools  and  the  meth- 
ods of  instruction,  as  may  have  been  tested  and  proven 
by  the  experience  of  other  communities. 

Report  of  67.     He  shall,  on  or  before  the  first  day  of  January, 

fn?endenter~  of  each  year,  make  a  report  to  the  Governor,  to  be  by 
him  transmitted  to  the  next  regular  session  of  the  Leg- 
islature, in  regard  to  the  condition  of  free  schools  within 
the  State,  embracing  all  statistics  compiled  from  the 
reports  of  the  county  superintendents,  and  such  other 
authentic  information  as  he  can  procure,  which  will  be 
necessary  to  give  a  proper  exhibit  of  the  wofking  of 
the  system  together  with  such  plans  as  he  may  have 
matured  for  the  management  and  improvement  of  the 
school  fund,  and  for  the  better  and  more  perfect  organ- 
ization and  efficiency  ol  free  schools ;  and,  likewise,  all 
such  matters  in  relation  to  his  office  and  to  free  schools, 
as  he  may  deem  expedient  to  communicate. 

relort>cotntii        ^'     ^e  Auditor  shall  annually,  before  the  first  day 
t?onofC°    '    of  September,   deliver  to  the   Governor  and  the   State 
ncL    Superintendent  of  Free  Schools,  each,  a  report  made  up 
to  the  first  day  of  July  next  preceding,  of  the  condi- 
tion of  ' '  the  school  fund, ' '  with  an  abstract  of  the  ac- 
counts thereof  in  his  office,  which  report  the  Governor 
shall  lay  before  the  legislature  at  its  next  regular  ses- 
sion. 

CXXII.  Chapter  29.  section  67,  Code,  requires  the  Auditor  to 
certify  to  each  county  superintendent  the  amount  of  railroad  levies, 
due  to  each  district  and  independent  district.  See  said  section. 

Board  of  ^9.     The    Governor,    State    Superintendent     of    Free 

school  fund.  Schools,  Auditor  and  Treasurer,  shall  be  a  corporation, 
under  the  name  of  "the  board  of  the  school  fund,'*  and 
shall  have  the  management,  control  and  investment  of 
said  fund,  under  the  fourth  section  of  the  twelfth  arti- 
cle of  the  constitution.  The  Governor  shall  be  presi- 
dent of  the  board,  and  in  his  absence  the  board  may 
choose  one  of  their  number  to  preside  temporarily  in 
his  place.  The  Auditor  shall  be  the  secretary  of  the 
board..  A  faithful  record  shall  tie  kept  of  all  the  pro- 
ceedings, and  a  copy  thereof,  certified  by  the  secretary 
of  the  board,  shall  5e  evidence  in  all  cases  in  which  the 
original  would  be.  A  majority  of  the  board  shall  con- 
stitute a  quorum  for  the  transaction  of  business. 


SCHOOL  LAW  OF  WEST  VIRGINIA  77 

70.  A  meeting  of  the  board  may  be  held  at  any  time,  MeetinK8. 
upon  the  call  of  any  member  thereof,  provided  notice 

be  given  to  all  members  who  may  be  at  the  seat  of  gov- 
ernment. The  Auditor's  office  shall  be  the  place  of 
meeting,  and  the  proceedings  shall  be  signed  by  the 
presfdent"  and  secretary  of  flie  meeting  for  that  day,  and 
shall  be  open  to  inspection  at  all  times. 

71.  All  the  money  which  ought  to  be  paid  into  the  Moneys 
treasury  to  the  credit  of  "the  school  fund"  shall  5e  re- recoverable, 
coverable  with  interest  by  action  or  motion  in  the  name 

of  said  board,  Before  any  court  having  jurisdiction,  and 
thr  Attorney-General  shall  institute  and  prosecute  such 
action  or  motion  when  so  directed  by  the  board. 

72.  The  board  may  appoint  agents  for  the  collection  Board  ina 
of  debts  or  claims,  and  authorize  them  to  secure  pay-  appoint 
ment  thereof,  and  to  protect  the  interests  of  the  school agent8' 
fund,  on  such  terms    as   it   may    approve.     They  shall 

take  bond  from  said  agent,  if  any  money  is  to  come 
into  his  hands:  and  any  agent  ^selling  lands,  when  di- 
rected to  do  so  by  the  board,  shall  execute  a  deed,  (with 
the  resolution  giving  such  directions  thereto  annexed), 
conveying  to  the  purchaser  by  special  warranty.  Said 
agent  may  be  allowed  by  the  board  a  compensation  riot 
exceeding,  in  anv  case,  five  per  cent,  on  the  money  paid 
into  the  treasury. 

73.  All  such  sums  as  have  accrued  or  shall  hereafter  ^hSSSd- 
accrue  to  this  State,  from  the  several  sources  enumer-  now  invested, 
ated  in  the  fourth  section  of  the  twelfth  article  of  the 
Constiufion.  shall  be  set  apart  as  a  separate  fund  to  be 

called  "the  school  fund,"  and  it  shall  be  the  duty  of  the 
Auditor  1<>  jivccrtnin  from  time  to  time  what  sums  have 
so  accrued  or  may  hereafter  accrue,  and  to  pass  the 
same  to  the  credit  of  the  said  school  fund ;  and  it  shall  be 
the  duty  of  the  board  of  the  school  fund,  from  time  to 
time,  to  invest  the  same  in  the  interest  bearing  securi- 
ties of  the  United  States,  or  of  this  State,  or  otherwise, 
provided  for  in  said  fourth  section  of  the  twelfth  article 
of  the  Constitution.  And  it  shall  be  the  Huty  of  the 
said  board  to  sell  any  investments  on  account  "of  the 
school  fund  now  made  in  other  securities,  than  those 
required  in  said  fourth  section  of  the  twelfth  article  of 
the  Constiution,  and  invest  the  proceeds  thereof  in  the 
interest  bearing  securities  of  the  United  States,  or  of 
this  State,  or  otherwise,  as  provided  in  the  Constitution 
aforesaid. 

(73a.     I.    All  stock  owned  by  the  State  of  West  Vir- certain 
ginia,  standing  in  the  name  of  the  Commonwealth  oftoSg&g***' 
Virginia,  the  State  Internal  Improvement  Fund,  or  the  sch°o1  fund- 


78  SCHOOL  LAW  OF  WEST  VIRGINIA 

Board  of  the  Literary  Fund,  or  in  any  other  name,  in 
the  National  Bank  of  West  Virginia,  at  Wheeling,  the 
Parkersburg  National  Bank,  the  First  National  Bank  of 
Wellsburg,  the  First  National  Bank  of  Fairmont,  the 
National  Exchange  Bank  of  Weston,  and  all  the  interest 
owned  by  the  State,  standing  in  the  name  of  the  Com- 
monwealth of  Virginia,  or  in  the  name  of  either  of  said 
funds,  or  in  the  name  of  the  State  of  West  Virginia,  or 
in  any  other  name,  in  the  North  Western  Bank  of  Vir- 
ginia and  its  branches,  and  in  the  branches  of  the  Ex- 
change Bank  of  Virginia  at  Weston;  and  all  dividends 
and  accrued  interest  on  all  such  stock,  is  hereby  trans- 
ferred to  and  shall  henceforth  be  held  and  treated  as  a 
part  of  the  school  fund  of  the  State,  subject  to  the  con- 
trol of  the  board  of  the  school  fund ;  and  the  annual  in- 
terest or  profits  thereof  (but  no  part  of  the  principal), 
shall  be  passed  to  and  become  a  part  of  the  fund  for 
annual  distribution  among  the  several  counties  of  the 
State.) 

Auditor  shall  74.  The  Auditor  shall  be  the  accountant  of  the  board, 
beaccount-  exercising  any  of  their  powers,  except  that  he  shall  not, 
without  special  authority,  entered  upon  the  records  of 
their  proceedings,  dispose  of  any  property  or  invest  any 
money  of  the  school  fund.  He  shall  place  the  securities 
in  which  said  school  fund  is  invested  in  such  depository 
for  safe  keeping,  as  the  board  shall  direct.  All  money 
belonging  to  "the  school  fund"  shall  be  received  into 
and  paid  out  of  the  treasury  upon  the  warrant  of  the 
Auditor.  But  no  warrant  for  paying  out  such  money 
shall  be  issued  without  the  authority  of  the  board, 
city  of  75.  Nothing  in  this  chapter  shall  alter  or  affect  the 

wheeling.  laws  now  in  force  respecting  the  free  schools  in  the  city 
of  Wheeling,  and  the  parts  of  districts  connected  there- 
with ;  nor  shall  anything  in  this  chapter  be  constructed  as 
abolishing  any  independent  school  district  heretofore 
created,  or  as  affecting  an§r  right  or  privilege  conferred 
upon  them,  respectively,  in  the  acts  of  the  Legislature 
by  which  they  have  been  created;  except  so  far  as  such 
right  or  privilege  may  be  inconsistent  with  the  provis- 
ions of  this  chapter  in  which  independent  school  districts 
are  especially  included.  In  the  independent  school  dis- 
trict of  Wheeling  none  but  practical  educators  who  shall 
have  had  at  least  three  years  of  practice  as  teachers  in 
graded  schools,  shall  be  eligible  to  the  office  of  superin- 
tendent. 

CXXIII.  Independent  school  districts  are  those  created  by  special 
act  of  the  Legislature  and  are  governed  by  the  laws  laid  down  in  the 
a«ts  creating  them.  On  points  where  these  acts  are  silent  the  genera* 
law  applies. 


SCHOOL  LAW  OF  WEST  VIRGINIA  79 

WEST  VIRGINIA  UNIVERSITY 

76.  ''The  Agricultural  College  of  West  Virginia/'  Agricultural 
located  and  established  at  Morgantown>  in  the  county  ^e^t  Virginia, 
of  Monongalia,  in  pursuance  to  the  act  passed  February 
seventh,   one  thousand  eight  hundred  and  sixty-seven, 

entitled  "An  act  for  the  regulation  of  the  West  Vir- 
ginia Agricultural  College,"  shall  be  and  remain  as  so 
established  and  located;  and  all  the  provisions  of  said 
act,  except  so  far  as  the  same  may  be  altered  by  this 
chapter,  shall  remain  in  full  force  and  effect  to  the  same 
extent  as  if  this  chapter  as  amended  had  not  been 
passed. 

77.  The  name  of  said  college  shall  hereafter  be  ' '  The 
West  Virginia  University,"  by  which  name  it  shall  have 
and  hold  all  the  property,  funds,  investments,  rights, 
powers  and  privileges,   now  had   and  held  under  the 
name  prescribed  in  the  above  recited  act. 

78.  For  the  government  and  control  of  said  university  Board  oi 
there  shall  be  a  board  of  regents  consisting  of  nine  per-  resent«- 
sons,  to  be  called  "The  regents  of  the  West  Virginia 
University."    As  such  board  they  may  sue  and  be  sued, 

and  have  a  common  seal.  The  said  board  shall  have  the 
custody  and  control  of  the  property  and  funds  of  said 
university,  except  as  otherwise  provided  by  law.  They 
shall  have  the  power  to  accept  from  any  person  or  persons 
any  gift,  grant  or  devise  of  money,  land  or  other  prop- 
erty intended  for  the  use  of  the  university,  and  shall, 
by  such  acceptance,  be  trustees  of  the  funds  and  property 
which  may  come  into  the  possession  or  under  the  control 
of  said  board  by  such  gift,  grant  or  devise,  and  shall 
in  vest  «and  hold  such  funds  and  property,  and  apply  the 
proceeds  and  property  in  such  manner  as  the  donor  may 
prescribe  by  the  terms  of  his  gift,  grant  or  devise.  A 
majority  of  said  regents  shall  constitute  a  quorum  for  the 
transaction  of  business,  except  that  for  making  arrange- 
ments for  the  erection  of  buildings  or  the  permanent 
alteration  thereof,  or  the  appointment  to,  or  removal  from 
office  of  professors,  or  fixing  their  compensation  or  chang- 
ing any  rule  or  regulations  adopted  by  a  majority  of  the 
board,  in  which  case  all  of  the  regents  shall  be  notified  in 
writing  by  the  secretary  of  the  board,  of  the  meeting  place 
and  object  of  the  meeting  proposed  to  be  held  for  any 
of  the  purposes  excepted  in  this  section ;  and  the  confer- 
ence of  a  majority  of  the  regents  shall  be  required.  Said 
board  of  regents  shall  consist  of  nine  members  who  shall 
be  residents  and  voters  of  the  State.  The  governor  shall, 
on  or  before  the  fifteenth  day  of  March,  in  the  j*ear  nine- 


80 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Courses  of 
study. 


teen  hundred  and  one,  or  as  soon  thereafter  as  convenient, 
appoint  said  nine  regents,  who  shall  be  divided  into  two 
classes,  consisting  of  four  and  five  regents  respectively. 
The  term  of  office  of  both  classes  shall  begin  on  the  first 
dav  of  May,  nineteen  hundred  and  one;  and  the  term 
of  office  of  the  first  class  shall  continue  for  two  years  and, 
until  their  successors  are  appointed  and  qualified,  and  the 
term  of  the  second  class  shall  continue  for  four  years  and 
until  their  successors  are  appointed  and  qualified;  and 
thereafter  the  term  of  office  of  each  class  shall  be  for 
four  years  and  until  their  successors  are  appointed  and 
qualified.-  Any  person  appointed  a  regent  during  the 
recess  of  the  Senate  *hall  serve  as  such  until  the  next 
meeting  of  the  Senate.  The  governor  may  by  appoint- 
ment fill  any  vacancy  oceuring  in  the  board  for  the  un- 
expired  term.  Not  more  than  six  of  said  regents  shall  be- 
long to  the  same  political  party,  and  not  more  than  one 
shall  be  appointed  from  the  same  Senatorial  district  or 
county.  The  term  of  office  of  the  regents  now  in  office 
shall  expire  on  the  thirtieth  day  of  April,  nineteen  hun- 
dred and  one. 

79.  The  board  of  regents   shall  from    time    to    time 
establish  such  departments    of    education  in  literature, 
science,  art,  agriculture  and  military  tactics  as  they  may 
deem  expedient,  and  as  the  funds  under  their  control 
may  warrant,  and  purchase  such  materials,  implements 
and  apparatus,  as  may  be  requisite  to  proper  instruction 
in  all  said  branches  of  learning,  so  as  to  carry  out  the 
spirit  of  the  act  of  Congress  aforesaid,  approved  July 
second,  one  thousand  eight  hundred  and  sixty-two. 

80.  The  said  board  shall  establish  and  declare  such' 
rules  and  regulations  and  by-laws  not  inconsistent  with 
the  laws  of  this  State,  or  the  Unite'd  States,  as  they  may 
deem  necessary  for  the  proper  organization,  the  tuition 
of  students  and  good  government  of  said  University  and 
the  protection   of  public    property    belonging    thereto. 
They  shall  appoint  a  superintendent  of  the  buildings  and 
grounds,  a  secretary  for  said  board  and  also  a  treasurer, 
who  shall  be  members  of  the  faculty  of  the  University, 

officers  of  the  and  shall  not  receive  any  compensation  for  services  as 
such  superintendent,  secretary  and  treasurer.  No  salary 
shall  be  gaid  to  the  secretary  of  the  executive  committee. 
From  the  said  treasurer  they  shall  take  a  bond  with 
ample  security,  and  conditioned  according  to  law,  for 
the  faithful  keeping  and  disbursing  such  money  as  is 
herein,  or  may  be  hereafter  appropriated,  and  such  other 
money  as  may  be  allowed  by  said  board  to  eome  into 
his  hands  from  time  to  time;  they  shall  also  settle  with 


Rules  and 
regulations. 


University. 


SCHOOL  LAW  OP  WEST  VIRGINIA  81 

him  annually  or  oftener  if  they  think  best;  inspect 
annually  all  the  property  belonging  to  said  University 
and  make  a  full  report  of  the  condition,  income,  expen- 
ditures and  management  of  said  University,  annually, 
to  the  Governor;  to  be  by  him  laid  before  the  Legisla- 
ture. 

81.  The  board  shall  have  power  to  create  a  prepara- 
tory  department  to  said  University,    and  establish  any 
other  professorships  than  those  indicated  heretofore,  if 
the  same  be  deemed  essential;  to  fix  the  salaries  of  the 
several  professors,and  to  remove  them  for  good  cause, 
but  in  case  of  removal  the  concurrence  of  a  ma.iority  of 
the  regents  shall  be  required,  and  the  reasons  for  a  re- 
moval shall  be  communicated  in  a  written  statement  to 
the  Governor. 

82.  Besides  prescribing  the  general  terms  upon  which  cadets; 
students  may  be  admitted,  and  the  course  of  instruction,  of.p° 
the  regents  are  still  further  empowered  to  admit  as  regu- 
lar students  of  the  University,  not  more  than  two  hun- 
dred and  twenty-five  cadets  in  the  military  department. 
Each  member  of  the  Senate  shall  be  entitled  to  appoint 

one  cadet  from  his  district,  on  or  before  the  first  day  of 
June  in  the  second  year  of  his  term,  and  one  cadet  on  or 
before  the  first  day  of  June  in  the  fourth  year  of  his 
term.  Each  member  of  the  House  of  Delegates  shall  be 
entitled  to  appoint  one  cadet  from  his  county  on  or  before 
the  first  day  of  June  next  preceding  the  end  of  his  term. 
In  case  a  cadetship  filled  by  appointment  by  any  member 
of  the  Legislature  shall  become  vacant,  the  member  mak- 
ing the  appointment,  or  his  successor,  shall  fill  the  same 
by  a  new  appointment  within  the  limits  of  fime  afore- 
said. But  no  Senator  or  Delegate  shall  appoint  any  cadet 
until  he  receives  a  certificate  from  the  President  of  the 
University,  or  the  commandant  of  cadets,  giving  him  no- 
tice of  his  right  to  do  so ;  and  he  shall  not  have  the  right 
to  exercise  such  power  of  appointment  as  long  as  two 
cadets  are  accredited  to  himself  and  his  predecessor, 
either  by  original  appointment  or  by  re-enlistment.  All 
other  cadets  necessary  to  make  up  the  full  complement  of 
the  corps  shall  be  appointed  by  the  regents,  in  propor- 
tion to  their  number,  including  vacancies,  if  any,  caused 
by  the  failure  of  any  member  of  the  Legislature  to  make 
his  appointment.  Cadets  shall  not  be  under  sixteen  years 
of  age,  and  shall  not  be  over  twenty-one  years  of  age. 
Their  appointment  shall  be  made  upon  undoubted  evi- 
dence of  good  moral  character  and  sound  physical  condi- 
tion. Their  term  of  enlistment  of  service  shall  be  two 
years,  but  any  cadet,  at  the  expiration  of  his  first  term, 


82 


SCHOOL  LAW  OF  WP:ST  VIRGINIA 


Cadets  hare 
free  books, 
etc. 


Expenses  of 
regents. 


Graduation. 


Investment  of 
land  fund. 


shall  be  entitled  to  re-enlist  for  the  further  term  of  two 
years,  upon  giving  notice  of  his  intention  to  the  com- 
mandant of  cadets  at  least  thirty  days  before  the  expi- 
ration of  such  term.  But  not  more  than  fifteen  cadets 
shall  be  appointed  from  any  Senatorial  district,  and  not 
more  than  eight  from  any  one  county. 

83.  The  cadets  admitted   under  the  provisions  of  the 
preceding  section  shall  be  entitled  to  all  the  privileges, 
immunities,  educational  advantages,  and  benefits  of  the 
University,  free  of  charge  for  admission,  tuition,  books 
and  stationery,  and  shall  constitute  the  public  guard  of 
the  University,  and  of  the  public    property    belonging 
thereto;  and  of  the  ordinance  and  ordinance  stores,  and 
camp  and  garrison  equipage,  of  which  a  sufficient  supply 
shall  be  kept  in  the  arsenal  belonging  to  the  institution. 
And  the  professors  and  the  students  of  the  University 
receiving  instruction  in  military  tactics  and  the  art  of 
war,  shall  be  individually  and  collectively  responsible 
for  the  preservation  and  safe-keeping  of  all  arms  and 
camp  equippage  belonging  to  said  institution. 

84.  All  reasonable  expenses  incurred  by  said  regents 
in   discharging  the   duties  hereby  imposed   upon   them 
(not,  however,  including  wages  or  per  diem  compensa- 
tion) shall  be  allowed  by  the  Governor  and  paid  out  of 
the  treasury  of  the  State,  in  like  manner  as  other  sums 
are  drawn  therefrom:     Provided,  however.     That  such 
expenditure  shall  not  exceed  five  hundred  dollars  per 
annum. 

85.  The  president,  board  of  regents  and  faculty  may 
graduate   any  student   of  the  university   found    (after 
proper  examination)    duly    qualified,    and    shall  certify 
the  same  by  affixing  the  seal  of  the  University  to  his 
diploma. 

86.  The  funds  derived  from  the  sale  of  United  States 
land  warrants  which  have  been  donated  to  this  State  for 
the  purpose  of  endowing  an  agricultural  college,  shall 
be  invested  by  the  Governor  in  a  loan  of  public  stock 
of  the  United  States,  or  otherwise,  as  required  by  Con- 
gress, for 'the  use  and  benefit  of  the  said  University. 


AGRICULTURAL  EXPERIMENT  STATION 


Agricultural 
Experiment 
Station. 


[86a.  WHEREAS,  The  Congress  of  the  United  States 
has  in  its  wisdom  seen  fit  to  appropriate  the  sum  of  fif- 
teen thousand  dollars  annually  for  the  establishment  and 
maintenance  of  an  agricultural  experiment  station  in  this 
State,  to  aid  in  acquiring  and  diffusing  among  the  people 
useful  and  practical  information  on  the  subjects  con- 


SCHOOL  LAW  OP  WEST  VIRGINIA  83 

nected  with  agriculture,  and  to  promote  scientific  inves- 
tigation ancl  experiment  respecting  the  principles  and 
applications  of  agricultural  science,  to  be  established  in 
connection  with  and  under  the  direction  of  the  college 
of  this  State,  establishing  in  accordance  with  the  provis- 
ions of  an  act  approved  July  2,  1862,  entitled,  "An  act 
donating  public  lands  to  the  several  States  and  Terri- 
tories which  may  provide  colleges  for  the  benefit  of  ag- 
ricultural and  the  mechanical  arts,"  and, 

WHEREAS,  The  West  Virginia  University  by  an  act 
of  the  Legislature  of  West  Virginia,  entitled,  "An  act, 
for  the  regulation  of  the  West  Virginia  Agricultural 
College, ' '  passed  February  7,  1867,  and  other  acts  of  the 
Legislature  amendatory,  thereof,  is  the  institution  of 
this  State  receiving  the  benefits  of  the  above  mentioned 
land  grant  fund ;  and, 

WHEREAS,  In  accordance  with  the  provisions  of  sec- 
tion 9  of  aforementioned  act  of  Congress  establishing 
said  experiment  stations,  the  Governor  of  West  Virginia 
has  accepted  for  the  West  Virginia  University  the  con- 
gressional appropriation  for  the  establishment  of  an 
agricultural  experiment  station,  and 

WHEREAS,  The  board  of  regents  of  the  West  Virginia 
University,  in  accordance  with  section  1,  of  the  afore- 
named congressional  act,  approved  March  2,  1887,  has 
established  a  department  in  the  West  Virginia  Uni- 
versity, known  as  "the  West  Virginia  Agricultural 
Experiment  Station,"  which  is  now  in  full  working 
order  and  issuing  regular  bulletins  for  the  diffusion  of 
information  among  the  people  of  the  State,  as  required 
by  law;  and  which  is  now  well  and  thoroughly  equip- 
ped with  chemical  laboratories,  apparatus  and  ma- 
chinery, and  has  a  staff  of  scientific  men  employed  and 
carrying  on  the  work  contemplated  in  the  congressional 
act,  therefore, 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

I.  That  the  State  of  West  Virginia  hereby  assentslo 

and  accepts  from  the  government  of  the  United  States     ants. 
the  grants  of  money  authorized  by  said  act  of  congress, 
and  assents  to  the  purposes  of  said  grants. 

II.  The  bulletins  and  annual  reports  required  to  be  Bulletins, 
published  under  section  four    of    said    act,    shall    be 
printed  at  the  expense  of  the  State,  by  the  State  printer, 

in  such  editions  or  numbers  as  the  mailing  list  of  the  ex- 
periment station  shall  indicate  as  being  required,  and 
shall  be  distributed  by  the  station  free  of  all  charge  to 
farmers  and  other  citizens  of  the  State  desiring  the  same. 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Board  of 
regents. 


STATE  NORMAL  SCHOOLS 

87.  The  "West  Virginia  State  Normal  School,"  es- 
tablished under  and  by  virtue  of  an  act  passed  February 

state  normal  twenty-seventh,  one  thousand  eight  hundred  and  sixty- 
seven,  entitled  "An  Act  for  the  establishment  of  a  State 
Normal  School,,"  shall  be  and  remain  at  Marshall  Col- 
lege, in  the  County  of  Cabell,  as  provided  in  said  act,  and 
all  the  provisions  of  said  act,  and  all  other  acts  in  re- 
lation thereto,  shall  be  and  remain  in  full  force,  except 
so  far  as  the  same  may  be  altered  by  this  chapter.  For 
the  government  and  control  of  said  school  and  its  branch- 
es, there  shall  be  a  board  of  regents,  consisting  of  the 
State  Superintendent  of  Free  Schools,  together  with  six 
other  persons,  to  be  appointed,  by  the  governor  as  here- 
inafter provided,  who  shall  be  called  the  "Regents  of  the 
State  Normal  School,"  and  as  such  may  have  a  common 
seal,  sue  and  be  sued,  plead  and  be  impleaded,  contract 
and  be  contracted  with,  and  take,  hold  and  possess  real 
and  personal  estate  for  the  use  of  said  school.  The  transfer 
and  conveyance  by  the  board  of  supervisors  of  Cabeil 
County  of  lands  and  building  of  Marshall  College  and  of 
the  real  estate  heretofore  conveyed  by  tne  Central-  Land 
Company  of  West  Virginia  to  the  regents  of  said  school 
heretofore  appointed,  is  hereby  accepted,  confirmed  and 
legalized.  But  in  case  the  said  school  should  at  any  time 
hereafter  be  removed  from  the  said  Marshall  College, 
the  said  property  so  conveyed  shall  revert  to  and  be  vest- 
ed in  the  county  court  for  the  use  of  the  said  county  of 
Cabell.  The  said  six  regents  shall  be  appointed  by  the 
governor,  between  the  fifteenth  day  of  March  and  the  fif- 
teenth day  of  April  in  the  year  nineteen  hundred  and  one, 
whose  term  of  office  shall  begin  on  the  first  day  of  June 
next  following  their  appointment,  and  continue  for  fom; 
years  and  until  their  successors  are  appointed  and  quali- 
fied; except  that  the  board  appointed  in  the  said  year 
1901,  three  shall  be  for  the  term  of  two  years  and  three 
for  the  term  of  four  years.  Not  more  than  two  of  the  re- 
gents of  each  of  said  two  classes  shall  belong  to  the  same 
political  party.  A  vacancy  occuring  in  the  board  shall 
be  filled  by  appointment  by  the  governor  for  the  unex- 
pired  term.  The  term  of  office  of  the  regents  now  in 
office  shall  expire,  on  the  thirty-first  day  of  May,  nineteen 
hundred  and  one. 

88.  The  said  school  shall  Be  under  the  general  super- 
vision and  control  of  the  said  regents.     They  shall  have 
full  power  and  authority  to  adopt  and  establish  such  by- 
laws, rules  and  regulations  for  its  government  as  they 
may  deem  necessary  and  proper,  to  effect  the  object  of 
its  establishment,  not  inconsistent  with  tfie  laws  of  this 


Rules  and 
regulations. 


SCHOOL  LAW  OF  WEST  VIRGINIA  85 

Stato.  They  shall  fix  tlie  number  and  compensation  of 
the  teachers,  and  others  to  be  employed  therein,  and 
appoint  and  remove  the  same;  prescribe  the  preliminary 
examination  of  pupils,  and  the  terms  and  conditions  on 
which  they  shall  be  received  and  instructed  in  said 
school :  Provided.  That  all  pupils  admitted  free  of  tui- 
tion to  any  one  school,  shall  not  exceed  in  number  the 
whole  number  appointed  to  such  county  for  admission  Number  of 
to  all  normal  schools  of  the  State ;  the  branches  of  learn-  PuPlla- 
ing  to  be  taught  in  each  department  thereof;  and  shall 
determine  the  number  of  pupils  to  be  received  in  the 
normal  (Icprirtmrnt  of  said  school  form  each  county  or 
judicial  circuit  of  this  State,  conforming  as  nearly  as 
possible  to  the  ratio  of  population  therein,  and  the  mode 
of  selecting  them.  The  pupils  admitted  into  the  normal 
department  of  said  school  shall  be  admitted  to  all  the 
privileges  thereof,  free  from  all  charges  of  tuition,  or 
for  use  of  books  or  apparatus :  that:  every  such  pupil 
shall  pay  for  all  books  lost  by  him  or  any  damage  done 
"by  him  to  such  books  or  apparatus:  and  any  pupil  in 
said  school  may  be  dismissed  tHerefrom  by  said  regents, 
or  by  the  executive  committee,  subject  to  the  approval 
of  the  regents,  for  immoral  or  disordorlv  conduct,  or 
for  neglect  or  inability  to  perform  his  duty.  The 
State  Superintend^  of  Free  Schools  shall  prepare  suit- 
able diplomas  to  be  granted  to  the  students  of  the 
normal  department,  of  said  school  who  have  completed 
the  course  of  study  and  discipline  prescribed  by  said 
regents.  The  said  regents  may  establish  a  pay  depart- 
ment in  said  school  whenever  the  accommodations  there- 
of will  admit  of  the  same,  and  may  admit  into  such  de- 
partment so  many  paying  students  as  can  be  accommo- 
dated therein  from  this  or  any  other  State,  whether  they 
desire  to  become  teachers  of  schools  or  not. 

Thev  may  cause  to  be  taught  in  the  said  department 
of  said  school,  all  or  any  of  the  branches  of  learninsr 
usually  taught  in  colleges  and  seminaries,  and  for  that 
purpose  may  establish  therein  the  necessary  professor- 
ships. 

They  may  also  make  all  the  necessary  rules  and  regu-  Tuition,  etc. 
lations  for  the  government  of  said  department  and  pres- 
cribe the  tuition   and  the  terms  of  admission  therein. 
The  said  school  shall  continue  to  be  called  and  known 
by  the  name  of  " Marshall  College." 

PXXTV.  If  is  tho  nrprtiee  to  nllow  nevsons  attending  anv  of  the 
State  Normal  Schools,  under  appointment,  to  teach  one  term  of  school 
each  year  if  desired,  and  yet  hold  the  appointment.  The  same  rule 
Is  held  to  be  good  in  case  of  colored  teachers  attending  the  West  Vir- 
ginia Colored  Institute. 


8C 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Executive 
Committee. 


Fairmont 
branch. 


West  Liberty 
branch. 


Glenville 
branch. 


CXXV.  Clearly  under  section  88  of  the  school  law,  two  depart- 
ments are  contemplated.  One  known  as  the  normal  department,  and 
the  other  as  the  pay  or  academic  department.  It  is  intended  that  in 
the  latter  department,  persons  are  admitted  who  do  not  desire  to  take 
the  normal  course,  or  if  they  have  taken  the  normal  course,  who  de- 
sire to  pursue  a  higher  grade  of  studies.  I  see  nothing  to  prevent 
those  who  have  taken  the  normal  course,  and  have  graduated  from  re- 
viewing the  studies  contained  in  the  normal  course,  free  of  charge. 

The  purpose  of  the  normal  course  is  to  prepare  teachers,  and  a  re- 
viewing of  that  course  would  he  to  make  the  teachers  more  perfect. — 
T.  8.  Riley,  Attorney-General. 

89.  The  said  regents  shall    appoint  three  intelligent 
and  discreet  persons,  residents  of  the  county  of  Cabell, 
who  shall  constitute  an  executive  committee  for  the  care 
and  immediate  management  and  control  of  said  school, 
subject  to  the  rules  and  regulations  prescribed  by  the 
regents.     Said  committee  shall    (subject  to  the  control 
of  said  regents),  designate  the  person  to  take  charge  of 
the  boarding  department  of  said  school,    and    fix    the 
price   to    be   paid    for   board  therein.     They  shall  from 
time  to  time  make  full  and  detailed  reports  to  said  re- 
gents of  the  condition,  working  and  prospects  of  sai-3 
school,  and  shall  perform  such  other  duties  in  relation 
thereto  as  the  said  regents  may  from  time  to  time  pre- 
scribe. 

90.  The  branch  of  the  state  normal  school  established 
at  Fairmont,  under  and  in  pursuance  of  the  act  passed 
March  fourth,   one   thousand   eight  hundred  and  sixty- 
eight,  entitled,    "An  act  providing  for  the  purchase  of 
the  West  Virginia  Normal  School  at  Fairmont, ' '  shall  be 
and  remain  at  that  place,  and  all  provisions  ot  said  act 
shall  remain  in  full  force,  except  so  far  as  the  same  may 
be  altered  by  this  chapter.     Said  school  shall  be  under 
the   jurisdiction  and  control  of   the  regent?  of    the  State 
normal  school,    in  the  same  manner  and  to  the  same  ex- 
tent as  the  State  normal  school  at  Marshall  College. 

91.  The  branch  of  the  state  normal  school  established 
at  West  Liberty,  under    and  in    pursuance    of  the  act 
passed  March  first,    one    thousand    eight  hundred  and 
seventy,  entitled  "An  act  to  establish  a  branch  normal 
school  at  West  Liberty,  in  Ohio  county,"  shall  be  and 
remain  at  that  place,  and  all  the  provisions  of  said  act 
shall  remain  in  full  force,  except  so  far  as  the  same  may 
be  altered  by  this  chapter.     Said  school  shall  be  under 
the  jurisdiction  and  control  of  the  regents  of  the  state 
normal  school,  in  the  same  manner  and  to  the  same  ex- 
tent as  the  state  normal  school  at  Marshall  College. 

92.  The  branch  of  the  State  normal  school  established 
at  Glenville,  under  and  in  pursuance  of  the  act  passed 
the  nineteenth     day  of  February,  one     thousand  eight 
hundred  and  seventy-two,  entitled  "an  act  to  establish  a 
branch  normal    school    at    Glenville,  Gilmer    county, :> 


SCHOOL  LAW  OF  \Vi-xr  YIKOINIA  87 

shall  bo  and  remain  at  that  place,  and  all  the  provisions 
of  said  act  shall  remain  in  full  force,  except  so  far  as  the 
same,  may  be  altered  by  this  chapter.  Said  school  shall 
be  under  the  jurisdiction  and  control  of  the  regents  of 
the  State  normal  school  in  the  same  manner  and  to  the 
same  extent  as  the  State  normal  school  at  Marshall  Col- 
lege. 

93.  The  branch  of  the  State  normal  school  established  Shepherds- 
at  Shepherdstown,  under  and  in  pursuance  of  the  act town  branch 
passed  and  approved    February    fourteenth,    one  thous- 
and eight  hundred  and  seventy-two,  entitled  "an  act  to 
establish  a  branch  normal  school  at  Shepherdstown,  in 

the  county  of  Jeffereson,"  shall  be  and  remain  at  that 
place,  and  all  the  provisions  of  said  act  shall  remain  in 
full  force,  except  so  far  as  the  same  may  be  altered  by 
this  chapter.  Said  school  shall  be  under  the  jurisdiction 
and  control  of  the  regents  of  the  State  normal  school,  in 
the  same  manner  and  to  the  same  extent  as  the  State 
normal  school  at  Marshall  College. 

94.  The  branch  of  the  State  normal  school  at  *Con-Concord  * 
cord,  in  Mercer  county, .  established  by  the  act  passed  branch, 
the  twenty-eighth  day  of  February,  one  thousand  eight 
hundred  and  seventy-two,  entitled  "an  ac^  to  locate  a 
branch  State  normal  school  at  Concord,  in  the  county  of 
Mercer,  shall  be  and  remain  at  that  place,  and  all  the 
provisions  of  said  act  shall  remain  in  full  force,  except 

so  far  as  the  same  may  be  altered  by  this  chapter.  Said 
school  shall  be  under  the  jurisdiction  and  control  of  the 
regents  of  the  State  normal  school  in  the  same  manner 
and  to  the  same  extent  as  the  State  normal  school  at 
Marshall  College. 

95.  The  principals  of  the  State  Normal  School  and  i 
branches  shall  make,  at  the  close  of  each  term  thereof, 
to  the  president  of  the  board  of  regents,  in  addition  to 
the   annual   reports  require'd  of  them,   a   report, .  under 
oath,  of  the  number  of  non-paying  normal  school  pupils 
and  the  number  of  paying  pupils  in  the  several  depart- 
ments of  the  school  in  actual  monthly  attendance  during 
said  term. 

96.  The  president  of  the  board  of  regents  of  the  State 
Normal   School   and   its  branches,   upon   receipt  of  the 
reports  required  in  the  ninety-fifth  section  of  this  chap- 
ter, shall  furnish  the  Auditor  of  the  State  with  the  num- 
ber of  the  non-paying  Normal  pupils  in  actual  monthly 
attendance  in  each  of  the  said  Normal  Schools,  and  the 
number  of  months  of  actual  attendance,  upon  the  receipt 
of  which  report,  and  upon  the  requisition  of  the  presi- 

*The  name   of  the  postoffice  has  been  changed   to   Athens. 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Appropria- 
tion. 


Colored 
teachers. 


Unearned  ap- 
propriation. 


?tuadeiSsWith 


dent  of  the  board  of  regents,  the  said  Auditor  shall  issui3 
to  the  executive  committee  of  each  of  said  schools,  war- 
rants upon  the  treasury  of  the  State  for  the  amount  due 
said  schools,  at  the  rate  of  three  dollars  and  fifty  cents 
per  month  for  every  non-paying  Normal  pupil  reported 
as  in  monthly  attendance. 

A  sum  not  to  exceed  thirty-two  hundred  dollars  each 
year  is  hereby  appropriated  for  each  of  the  Normal 
Schools,  payable  out  of  the  treasury  of  the  State. 

The  State  Superintendent  of  Free  Schools  shall,  if 
possible,  in  every  year,  make  arrangements  with  some 
suitable  institution  of  learning  in  this  State  for  the  educa- 
tion and  Normal  school-training  of  a  number  of  colored 
teachers,  in  the  proportion  to  the  colored  population  of 
the  State  which  the  non-paying  white  students  in  the 
Normal  Schools  bear  to  the  white  population  of  the 
State ;  but  the  amount  to  be  paid  for  each  of  said  colored 
teachers  shall  not  exceed  the  sum  herein  specified  for 
each  non-paying  white  student:  and  an  additional  sum 
to  the  extent  necessary  to  pay  the  tuition  of  said  colored 
students,  is  hereby  appropriated,  payable  out  of  the 
treasury  of  the  State  in  each  year,  as  provided  for  in 
the  next  section",  upon  the  requisition  of  the  State  Super- 
intendent of  Free  Schools. 

CXXVI.  Actual  monthly  attendance'  of  a  non-paying  punil  dur- 
ing any  month  of  a  school  term,  may  be  an  attendance  l>ona  fide  for  a 
portion  of  the  month.  Sickness  might  prevent  constant  attendance 
during  any  month,  yet  if  the  pupil  was  in  attendance  in  good  faith 
daring  part  -of  the  month,  when  able  to  attend,  the  school  would  be 
entitled  to  $3.50  for  such  pupil  for  that  month.  *  *  The  words 
'actual  monthly  attendance'  are  used  in  the  statute,  so  as  to  plainly 
prohibit,  pay  being  drawn  for  constructive  monthly  attendance. 

The  attendance  of  a  pupil  must  have  commenced  in  n  m.nith 
and  In  good  faith,  with  an  intention  of  continuing.  If  the  pupil 
does  not  attend  at  all  during  any  month  *  *  the  law  prohibits 
any  pay  being  given. — Alfred  Calchrell,  Attorney-General. 

97.  If  any  normal  school  does  not  earn  the  amount  of 
its  annual  appropriation  of  three  thousand  dollars,  as 
aforesaid,  in  any  year,  the  board  of  regents  of  the  State 
Normal  School  and  its  Branches  are  hereby  authorized 
to  expend  in  their  discretion  the  unearned  amount  of  its 
annual  appropriation  in  the    payment    of    teachers   in 
another  or  others  of  such  schools  and  the  Auditor  shall 
issue  his  warrants  for  such  expenditures  on  the  order  of 
said  board. 

CXXVII.  Section  96  as  amended  by  chapter  45,  Acts  1895.  provides 
for  an  appropriation  of  thirty-two  hundred  dollars  for  each  normal 
school. 

98.  I.    If  any  money  be  lent  or  advanced,  or  anything 
be  sold  or  let  to  hire,  on  credit  to  or  for  the  use  of  any 
student  or  pupil  under  twenty-one  years  of  age.  at  the 
West    Virginia    University,    the    West    Virginia'   State 


SCHOOL  LAW  OF  WEST  VIRGINIA  89 

Normal  School  or  any  of  its  branches,  or  any  incorpo- 
rated college  in  the  State,  without  the  previous  permis- 
sion, in  writing,  of  his  or  her  parent  or  guardian,  or 
the  president  or  principal  of  such  institution,  nothing 
shall  be  recovered  therefor,  and  there  shall,  moreover, 
be  forfeited  to  the  State,  by  the  person  giving  such 
credit,  twenty  dollars,  and  the  amount  or  value  of  such 
thing.  When  such  selling,  letting,  lending  or  advanc- 
ing is  by  an  agent,  such  forfeitures  shall  be  by  his  prin- 
cipal, unless  the  principal  shall  within  ten  days  after  he 
has  knowledge  or  information  of  the  selling,  letting, 
lending  or  advancing,  give  notice,  in  writing,  of  the 
date,  nature  and  amount  thereof  to  the  president  or  other 
head  of  the  institution,  in  which  case  the  forfeiture  shall 
be  by  the  agent. 

II.  All  acts  and  parts  of  acts  coming  within  the  pur- 
view of  this  chapter,  and  inconsistent  therewith,  are 
hereby  repealed. 

THE   WEST    VIRGINIA    SCHOOLS    FOR    THE    DEAF    AND    BLIND 

[980.    I.    That  the  name  of  the  West  Virginia  Institu- 
tion tor  the  Deaf,  Dumb  and  Blind  be  and  the  same  is 
hereby  changed  to  that  of  "The  West  Virginia  Schools  Name, 
for  the  Deaf  and  Blind. " 

The  board  of  regents  for  the  West  Virginia  School?  Board  of 
for  the  Deaf  and  Blind,  shall  be  composed  of  nine  mem-  regents, 
bers,  whose  term  of  office  shall  commence  on  the  first 
day  of  June,  one  thousand  eight  hundred  and  ninety- 
seven. 

The  Governor  shall  on  the  tenth  day  of  March,  one  Governor  to 
thousand  eight  hundred  and  ninety-seven,  or  as  soon 
thereafter  as  convenient,  nominate,  and  by  and  with  the 
advice  and  consent  of  the  Senate,  appoint  said  nine  re- 
gents for  said  schools,  but  said  regents  shall  be  divided 
into  three  classes  of  equal  numbers  and  not  more  than 
two  regents  in  each  class  shall  belong  to  the  same  polit- 
ical party.  Not  more  than  one  regent  for  the  West 
Virginia  Schools  for  the  Deaf  and  the  Blind  shall  be  ap- 
pointed from  any  one  county. 

The  term  of  office  of  the  first-class  shall  re  two  years/ 
of  the  second-class  four  years,  and  of  the  third-class  six 
years. 

On  the  tenth  day  of  March*  one  thousand  eight  hun- 
dred and  ninety-nine,  or  as  soon  thereafter  as  con- 
nient,  and  every  second  year  thereafter,  the  Governor 
shall  nominate,  and  by  and  with  the  advice  and  consent 
of  the  Senate,  appoint  ttiree  regents  for  said  schools,  in 


90 


SCHOOL  LAW  OF  WEST  VIRGINIA 


place  of  the  class  wKose  term  expires  in  said  year;  and 
the  term  of  such  regents  shall  commence  on  the  first  day 
of  April  in  the  year  of  their  appointment  and  continue 
six  years.  The  Governor  may  in  like  manner  appoint 
regents  to  fill  any  vacancy  that  may^occur  in  the  board 
of  said  schools,  and  any  one  appointed  a  regent  by  him 

fill  vacancies.    ,       .          .,  „    .,       ~         ?•*     ,     ,,    ,  .  ., 

during  the  recess  of  the  Senate,  shall  be  a  regent  until 
the  next  session  of  the  Senate  thereafter. 

Said  members  shall  constitute  collectively  a  body  cor- 
porate with  powers  to  rent,  purchase  and  convey  real 
estate,  and  with  all  other  powers  necessary  for  the  car- 
rying on  of  the  institution  for  the  education  of  the  deaf 
and  blind  youth  of  West  Virginia,  established  under  the 
act  passed  March  third,  eighteen  hundred  and  seventy, 
and  to  be  known  as  "The  Board  of  Regents  of  the  West 
Virginia  Schools  for  the  Deaf  and  the  Blind."  Said 
board  shall  appoint  one  of  their  number  as  president, 
and  in  case  of  his  absence  a  president  pro  tern,  shall  ap- 
point a  secretary,  and  all  orders,  drafts  or  requisitions  for 
money  from  the  State  shall  be  signed  by  their  secretary 
and  countersigned  by  the  president.  Said  board  shall 
meet  as  hereinafter  provided,  and  shall  hold  such  other 
meetings  as  they  may  think  necessary.  Extra  meetings 
may  be  called  by  the  president  or  by  any  four  members 
of  the  board  by  notifying  the  other  members  of  the  time 
.  and  place  of  the  meeting  and  of  the  nature  of  the  busi- 
ness which  renders  an  extra  meeting  necessary.  A 
majority  of  the  Board  shall  constitute  a  quorum  for  the 
transaction  of  all  ordinary  business,  but  the  board  may, 
in  its  discretion,  designate  business  of  a  nature  to  be 
specified  By  it.  which  may  be  transacted  by  a  stated  num- 
ber of  regents  less  than  a  quorum. 

n.  It  sliall  be  the  duty  of  the  principal  under  the  di- 
rection of  the  Board  to  superintend  the  affairs  necessary 
for  the  proper  conduct  of  the  institution,  and  to  make 
such  general  regulations  as  may  '  be  necessary  for  the 
successful  management  of  the  same,  and  to  purchase 
such  books  and  apparatus  as  may  be  necessary  for  the 
efficient  working  the  institution. 

Teachers.  ni.     Said  board  shall  appoint  all  necessary  teachers 

and  assistants,  and  shall  provide  the  furniture,  fixtures, 
apparatus  and  other  things  necessary  for  the  comfort 
and  convenience  of  inmates  of  the  institution. 

IV.    The  said  board  may,  when  they  deem  it  necessary 
elect  a  steward:  and  the  principal  and  matron  shall  re- 
side in  the  institution,  and  the  steward  and  teacher  in  or 
Salaries.         near  it.     All  salaries  shall  be  fixed  by  the  board  of  regents, 
and  shall  be  paid  monthly  or  quarterly,  as  the  board  may 


Quorum. 


Principal. 


Furniture 


Ste-ward. 


SCHOOL  LAW  OF  WEST  VIRGINIA  91 

deem  proper,  out  of  the  fund  appropriated  by  the  legis- 
lature. 

'  V.    The  board  of  regents  shall  employ  as  visiting  phy-  visiting 
sician  of  the  institution,  a  physician  of  reputable  stand-  physi 
ing  in  his  profession,  and  it  shall  be  his  duty  to  render 
all  medical  assistance  necessary  to  its  inmates,  and  fix 
his  salary,  not  to  exceed  three  hundred  dollars,  to  be  paid 
in  the  same  manner  as  a  teacher. 

VI.  The  principal  and  steward  shall  give  bond  with  Bond. 
approved     security  in  such     amount  as  the   board  of 
regents  may  direct,    for  the    faithful  discharge  of   their 
respective  duties. 

VII.  The  board  of  regents  shall  prescribe  such  by-  Rules  and 
laws,  rules  and  regulations  for  the  government  and  con- regul 
duct  of  the  institution  under  their  charge  as  shall  secure 

the  harmonious  and  efficent  management  of  said  institu- 
tion in  all  its  parts.  They  shall  require  such  reports 
from  the  principal,  steward,  matron  and  physician  as  in 
their  opinion  the  institution  may  demand,  and  they  shall 
annually,  on  or  before  the  first  day  of  December,  report 
to  the  Governor  all  the  facts  and  circumstances  in  con- 
nection with  the  conduct  and  progress  of  the  institution, 
with  a  careful  statement  of  all  the  receipts  and  disburse- 
ments of  the  same,  and  shall  accompany  their  annual 
report  with  such  recommendations  and  suggestions  as 
will  enable  the  State  efficiently  to  foster  and  promote 
the  eiii Pi-prise  of  educating  the  deaf,  dumb  and  blind 
youth  within  its  limits.  The  fiscal  year  of  the  institu- Fiscal  y«ar. 
tion  shall  end  on  the  last  day  of  September,  and  the  ac- 
counts of  the  institution  shall  be  kept  with  reference  to 
said  fiscal  year:  and  there  shall  be  an  annual  meeting  of 
said  board  on  the  third  Thursday  in  October  in  each  and 
every  year. 

VIII.  The  board  of.  regents  may  provide  in  said  insti-  Admi8<!llon  Oj 
tution  accommodation  for  all  the  officers,  assistants  and  pupils, 
employees,  and  for  all  the  deaf,  dumb  and  blind  youth 
resident  of  the  State  of  West  Virginia  who  may  apply 

for  admission  to  the  said  institution,  between  the  ages  of 
eight  and  twenty-five  years,  and  for  such  other  deaf. 
dumb  and  blind  persons  as  may  apply  for  admission  as 
paying  pupils,  under  such  regulations  as  said  board  may 
direct,  but  all  youth  admitted  must  be  of  sound  mind 
and  not  afflicted  with  any  contagious  or  offensive  disease. 

IX.  All  such  deaf,  dumb  and  blind  youth  residents  Admission  of 
of  the  State  of  West  Virginia  between  the  ages  of  eight  pupils- 
and  twenty-five  years,  shall  be  admitted  to  pupilage  in 

the  institution  on  application  to  the  principal ;  until  the 
institution  is  filled,  applicants  shall  be  admitted  in  the 


92 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Charges. 


Duty  of 
county 
officers. 


Term  of 
pupilage. 


order  of  their  application,  and  it  shall  be  the  duty  of 
the  principal  to  keep  a  careful  record  of  the  names  of 
all  pupils  admitted  With  the  dates  of  their  admission  and 
discharge,  their  age,  postoffice  address,  the  name  of  their 
parents  or  guardians,  the  degree,  cause  and  circumstan- 
ces of  their  deafness  or  blindness. 

All  such  deaf,  dumb  and  blind  pupils  shall  be  ad- 
mitted as  above  directed  without  charge  for  board  and 
tuition;  and  when  not  otherwise  provided  with  clothing 
they  shall  be  furnished  by  the  institution  while  they 
are  pupils  in  the  same,  and  the  principal  shall  make  out 
an  account  therefor  in  each  case  against  the  respective 
counties  from  which  said  pupils  are  sent,  in  an  amount 
not  exceeding  forty  dollars  per  annum  for  every 
such  pupil,  which  account  shall  be  certified  by  the 
principal  and  countersigned  by  the  secretary,  and  which 
shall  be  transmitted  by  the  principal  to  the  Au- 
ditor of  the  State,  whose  duty  it  shall  be  to  transmit  a 
copy  of  the  same  to  the  clerks  of  the  county  courts  of 
the  respective  counties  against  which  they  are;  and  the 
county  court  of  such  counties  shall  thereupon  at  their 
next  sessions,  respectively,  thereafter  held  for  the  pur-' 
pose  of  making  a  county  levy,  include  in  such  levy  the 
amount  of  said  account  against  their  counties,  respect- 
ively, and  cause  an  order  to  issue  on  the  sheriff  of  the 
county  in  favor  of  the  Auditor  of  the  State,  and  cause 
the  same  to  be  transmitted  by  the  clerk  of  said  court  to 
the  Auditor,  whose  duty  it  shall  be  to  collect  the  same 
and  place  it  to  the  credit  of  the  institution,  to  be  drawn 
out  upon  requisition  as  a  part  of  the  current  expenses 
of  said  schools.  If  the  same  is  not  paid  to  the  Auditor 
by  the  respective  counties  from  which  they  are  due  in 
a  reasonable  time,  it  shall  be  the  duty  of  the  Auditor  to 
collect  the  same  by  law. 

The  term  of  pupilage  shall  be  five  years  at  least,  and 
for  so  much  longer  term  as  in  the  discretion  of  the 
board  and  principal  their  condition  and  progress  would 
seem  to  justify.  After  all  the  applicants  between  the 
prescribed  ages  of  eight  and  twenty-five  years  have  been 
admitted,  if  there  is  still  room,  the  principal  may  ad- 
mit other  deaf  and  dumb  and  blind  persons  upon  appli- 
cation who  may  be  of  suitable  age  to  receive  any  ad- 
vantage of  the  institution,  and  upon  such  terms  as  the 
board  may  prescribe;  but  it  shall  be  distinctly  under- 
stood that  such  persons  shall  withdraw  from  the  institu- 
tion in  order  of  the  dates  of  their  admission  to  make 
room  for  new  applicants  between  the  ages  herein  already 
prescribed. 


SCHOOL  LAW  OF  WEST-  VIRGINIA  93 

X.     The  course  of  instruction  in  the  institution  shall  Course  of 


be  prescribed  by  the  board  of  regents  with  the  advice 
of  the  principal,  and  shall  be  as  extensive  both  in  the 
intellectual,  musical  and  mechanical  departments,  as  the 
capacities  and  interests  of  the  pupils  may  require. 

XI.  In  addition  to  their  other  duties  the  assessors  of  Assessors' 
the  State  are  hereby  required  to  register  in  a  book,  to  re 
be  furbished  them  by  the  Auditor  for  the  purpose,  the 
name  of  all  the  deaf  and  the  blind  persons  in  their 
respective  districts,  with  the  degree  and  cause  of  deaf- 
ness and  blindness  in  each  case  as  far  as  can  be  ascer- 
tained from  the  heads  of  families,  or  from  other  persons 
whom  the  assessors  may  conveniently  consult,  their  ages, 
the  names  of  their  parents  or  guardians,  their  postoffice 
address,  and  such  other  circumstances  as  may  constitute 
useful  statistical  information  in  making  the  said  institu- 
tion promptly  efficient  in  ameliorating  the  condition  of 
the  deaf  and  the  blind  by  education.  They  shall  com- 
plete the  registration  as  early  as  possible,  in  the  first 
annual  assessment  after  the  passage  of  this  act,  and  shall 
forward  their  report  directly  to  the  Auditor,  who  shall  if 
practicable  before  the  first  day  of  July,  or  as  soon  there- 
after as  possible,  make  an  alphabetical  abstract  of  all 
the  facts  furnished  him  by  the  assessors'  reports,  and 
shall  send  the  same  by  mail  to  the  principal  of  the  West 
Virginia  schools  for  the  deaf  and  the  blind,  and  said 
principal  is  hereby  further  required  to  put  himself  in 
immediate  correspondence  with  all  the  deaf  and  blind 
persons,  of  suitable  age  and  condition,  mentioned  in  the 
Auditor's  abstract,  with  a  view  to  their  admission  as  registration 
pupils  into  the  West  Virginia  schools  for  the  deaf  and  l!i 
the  blind. 

The  assessors  shall  receive  for  the  extra  duties  hereby 
imposed,  the  same  compensation  as  is  now  allowed  them 
for  the  registration  of  births  and  deaths,  and  shall  be 
liable  to  the  same  penalties  for  failure  to  discharge  these 
duties.] 

THE  WEST  VIRGINIA   COLORED  INSTITUTE 

98&.  An  act  accepting  the  provisions  of  the  act  of  Con- 
gress, approved  August  thirtieth,  eighteen  hundred  and 
ninety,  entitled  "And  act  to  apply  a  portion  of  the  pro- 
.ceeds  of  the  public  lands  to  the  more  complete  endow- 
ment and  support  of  the  colleges  for-  the  benefit  of  agri- 
culture and  the  mechanic  arts,  established  under  the 
provisions  of  an  act  of  Congress,  approved  July  second, 
eighteen  hundred  and  sixty-two,"  and  providing  for  the 
apportionment  of  said  endowment  according  to  the  pro- 
visions of  said  aot. 


94  SCHOOL  LAW  OF  WEST  VIRGINIA 

WHEREAS,  The  Congress  of  the  United  States  of 
America,  by  an  act  approved  August  thirtieth,  eighteen 
hundred  and  ninety,  entitled,  ' '  An  act  to  apply  a  portion 
of  the  proceeds  of  the  public  lands  to  the  more  complete 
endowment  and  support  of  the  colleges  for  the  benefit 
of  agriculture  and  the  mechanic  arts,  established  under 
the  provisions  of  an  act  of  Congress  approved  July  sec- 
ond, eighteen  hundred  and  sixty-two,"  made  an  appro- 
priation to  each  state  and  territory  of  fifteen  thousand 
dollars  for  the  year  ending  June  thirtieth,  eighteen  hun- 
dred and  ninety;  and  an  annual  increase  of  said  appro- 
Act  of  cc  n-  priation  thereafter  for  ten  years  by  the  additional  sum 
gres<?.  of  one  thousand  dollars  over  the  preceding  year,  after 

which  time  the  annual  amount  so  appropriated  will  be 
twenty-five  thousand  dollars  for  the  more  complete 
endowment  and  maintenance  of  the  colleges  established 
under  the  act  of  Congress  last  aforesaid,  "to  be  applied 
only  to  instruction  in  agriculture,  the  mechanic  arts,  the 
English  language,  and  the  various  branches  of  mathe- 
matical, physical,  natural  and  economic  science,  with 
special  reference  to  their-  application  in  the  industries 
of  life;  and  to  the  facilities  for  such  instruction,"  and 

WHEREAS,  By  a  proviso  in  said  act  no  State  can  ob- 
tain the  benefits  thereof,  where  facilities  are  not  pro- 
vided for  the  instruction  of  colored  students  in  said 
branches  of  study,  either  in  the  same  institution  or  in 
separate  institutions,  and  the  legislatures  of  the  several 
states  are  required  to  make  an  equitable  division  of  said 
annual  appropriation  where  such  separate  institutions 
are  provided,  and  report  the  same  to  the  Secretary  of 
the  Interior,  and 

WHEREAS,  The  Constitution  of  the  State  of  West 
Virginia  forbids  the  education  of  white  and  colored 
youths  in  the  same  State  schools,  and  this  State  having 
heretofore  made  no  provision  for  the  separate  education 
of  colored  youth  in  agricultural  and  the  mechanic  arts; 
and  the  enumeration  of  the  white  and  colored  youths  of 
this  State,  of  school  age,  being  about  250,000  white  and 
12,000  colored,  it  being  the  duty  of  this  State  to  indi- 
cate a  reasonable  proportion  of  said  appropriations  to 
be  set  apart  annually  for  the  instruction  of  the  colored 
youth  of  the  State,  the  sum  of  $3,000  is  hereby  indicated 
as  an  equitable  portion  of  said  appropriations  for  five' 
years  from  the  date  of  the  passage  of  this  act,  and  after 
that  time  $5,000  as  long  as  such  appropriation  continues ; 
and 

WHEREAS,  By.  the  terms  of  the  said  act  of  Congress 
of  the  Uunited  States,  approved  August  thirtieth, 


SCHOOL  LAW  OF  A\'EST  VIRGINIA  95 

eighteen  hundred  and  ninety,  it  is  necessary,  in  order  to 
enable  this  State  to  share  in  the  .appropriations  so  made 
and  to  be  made  under  the  provisions  of  said  last  recited 
act,  for  the  legislature  to  accept  of  the  provisions  of 
said  act  for  and  on  behalf  of  this  State,  and  to  make 
proper  and  suitable  provisions  for  said  act  upon  which 
this  State  will  be  entitled  to  her  distributable  share  of 
said  appropriations,  and  to  designate  the N  institutions  of 
learning  to  become  the  beneficiaries  of  said  appropria- 
tions, and  the  officer  of  this  State  to  whom  the  money 
shall  be  paid  by  the  United  States  for  the  use  of  said 
beneficiaries.  Therefore, 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

I.  The  Legislature  of  the   State   of  West  Virginia 
hereby  accepts  for  said  State,  the  terms  and  provisions 
of  the  said  act  of  the  Congress  of  the  United  State? 
approved     August     thirtieth,     eighteen     hundred     and 
ninety,   for  the  objects  and  purposes    mentioned    and 
declared   therein,    and   designates  "The   West   Virginia 
University,"   established   in   pursuance   of  the   Act   of 
the  Congress  of  the  United  States  passed  July  2,  1862. 
and  a  subsequent  act  passed  by  said  Congress  on  April 
19,  1864,  at  Morgantown,  in  the  county  of  Monongalia 
in  this  State,  as  the  beneficiary  of  said  appropriation  for 
the  instruction  of  white  students,  and  an  institution  to 
!»<>  locate  I  and  provided  for  the  purpose  as  hereinafter 

and  directed  in  the  county  of  Kanawha,  to  be 
''The  West  Virginia.  Colored  Institute,"  for  the 
rii'iiirv  of  said  appropriation  for  the  instruction  of 
colored  students  to  be  paid  to  each  in  the  proportion 
mentioned  in  the  preamble  to  this  act.  And  the  said 
institution  by  the  name  of  "The  West  Virginia  Colored 
Institute."  shall  have  and  hold  all  the  property,  funds. 
rights,  powers  and  privileges  hereinafter  mentioned. 

II.  For  the  government  and  control  of  said  institute 
there  shall  be  a. board  of  regents,  consisting  of  the  State 
Superintendent  of  Free  Schools  and  six  other  competent 
persons,  not  more  than  four  of  whom  shall  belong  to  the 
same  political  party,  to  be  called  the  "Regents  of  the 
West  Virginia   Colored   Institute,"   and   as  such   board 
they  may  sue  and  be  sued,  plead  and  be  impleaded,  and 
have  a  common  seal.     The  governor  shall,  between  the 

ifteenth  day  of  March  and  the  fifteenth  day  of  May,  in 
the  year  nineteen  hundred  and  one,  and  every  four  years 
thereafter,  nominate  and,  by  and  with  the*  advice  and 
consent  of  the  Senate,  appoint  said  six  regents,  whose 
term  of  office  shall  begin  on  the  first  day  of  June  next 
following  their  appointment,  and  continue  for  four  vears 


96 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Regents  to 

establish 

departments. 


Rules  and 
regulations. 


State  Treas- 
urer to  re- 
ceive grants. 


and  until  their  successors  are  appointed  and  qualified. 
Vacancy  in  the  office  of  regent  shall  be  filled  by  appoint- 
ment by  the  governor  for  the  unexpired  term.  The  term 
of  office  of  the  regents  now  in  office  shall  expire  on  the 
thirty-first  day  of  May,  nineteen  hundred  and  one.  Said 
board  shall  have  the  care,  custody  and  control  of  the 
property  and  funds  of  the  Institute,  and  may  accept  from 
any  person  or  persons,  gifts  of  money  or  property  for  the 
use  of  said  institute;  and  all  such  money  and  property 
when  so  received  by  them,  shall  be  held  in  trust  by  them 
for  the  use  and  benefit  of  the  Institute,  and  applied  there- 
to as  the  donors  may  have  directed,  and  if  no  such  direc- 
tions have  been  given,  as  a  majority  of  the  regents  may 
determine. 

III.  The  board  of  regents  shall  from  time  to  time 
establish  such  departments  of  education  in  literature, 
science,  art  and    agriculture,  not  inconsistent    with  the 
terms  of  the  several  acts  of  Congress  hereinbefore  re- 
ferred to  as  they  deem  expedient,  and  as  the  funds  under 
their  control  will  warrant,  and  purchase  suah  materials, 
implements,  and  apparatus,  as  may  be  requisite  to  the 
proper  instruction  of  said  colored  students  in  all  said 
Branches  of  learning  as  to  carry  out  the  intent  and  pur- 
purposes  of  said  acts  of  Congress. 

IV.  The  said  board  shall  establish  and  declare  such 
rules,  regulations  and  by-laws,  not  inconsistent  with  the 
laws  of  the  United  States  or  of  this  State,  as  they  may 
deem  necessary  for  the  proper  organization,  the  tuition 
of  the  students  and  the  good  government  of  the  insti- 
tute, and  the  protection  of  the  property  belonging  there- 
to.    All  reasonable  expenses  incurred  by  said  regents 
in  the  discharge  of  their  duties  hereby  imposed  upon 
them  shall  be  allowed  by  the  Governor  and  paid  out  of 
the  treasury  of  the  State,  in  like  manner  as  other  charges 
on  the  treasury  are  paid. 

V.  The  Treasurer  of  this  State  is  hereby  designated 
as  the  officer  to  receive  from  the  Secretary  of  the  Treas- 
ury of  the  United  States  the  said  several  sums  of  money 
so  to  be  paid  to  this  State    aforesaid,    for  the  uses  and 
purposes  aforesaid.    He  shall  keep  an  exact  account  of 
tke  moneys  so  received,  and  shall  place  to  the  credit  of 
each  of  said  beneficiaries  thereof,  its  due  proportion  of 
the  same.    The  sums  so  placed  to  the  credit  of  the  West 
Virginia  University  shall  be  paid  out  by  him  on  the  or- 
der of  the  board  of  regents  thereof,  and  the  sums  so 
placed  to  the  credit  of  the  West  Virginia  Colored  In- 
stitute, shall  be  paid  out  by  him  on  the  orders  of  the  board 
of  regents  of  said  institute.     And  said  treasurer  shall 


SCHOOL  LAW  OF  WEST  VIRGINIA  97 

include  in  his  biennial  report  to  the  Governor  a  state- 
ment of  his  receipts  and  disbursements  under  the  pro- 
visions of  this  act. 

VI.  It  shall  be  the  duty  of  the  board  of  the  school  Site  and 
fund  to  proceed  with  all  reasonable  dispatch  to  procure  buildings. 
the  ncessary    quantity  of    farming  land  not    exceeding 

fifty  acres  in  all  in  some  suitable  and  proper  locality  in 
the  county  of  Kanawha,  with  a  title  thereto  clear  and 
unquestionable,  and  to  erect  the  necessary  buildings  and 
make  the  necessary  improvements  thereon,  for  the  pur- 
poses of  this  act,  and  to  comply  in  good  faith  with  the 
terms  and  conditions,  and  to  carry  into  effect  the  objects 
and  purposes  of  the  acts  of  Congress  in  making  said 
appropriations. 

VII.  And  in  order  to  enable  said  board  to  perform  Ten  thougand 
the  duties  required  of  them  by  this  act,  the  sum  of  ten  dollars  to 
thousand     dollars    is    hereby    appropriated    and    placed  this  act. 

at  their  disposal,  payable  out  of  any  money  in  the  treas- 
ury not  otherwise  appropriated:  Provided,  That  said 
board  may  in  their  discretion  borrow  the  said  sum  of 
ten  thousand  dollars  from  the  " school  fund"  mentioned 
in  section  4  of  article  XII  of  the  Constitution  of  this 
State,  at  six  per  cent,  interest  per  annum,  and  execute  the 
bonds  of  the  State  therefor,  payable  with  interest  as 
aforesaid,  not  more  than  ten  years  from  the  date  thereof. 

WEST  VIRGINIA  REFORM  SCHOOL 

[98c.    I.    An  institution  to  be  called  "The  West  Vir-  Reform 
ginia  Reform  School,"  is  hereby  established,  and  shall  School, 
hereafter  be  carried  on  in  a  suitable  building  or  build- 
ings for  the  purpose,  to  be  erected  by  the  State  at  such 
locality  as  may  be  selected  in  accordance  with  this  act. 
This  institution  shall  be  under  the  control  of  a  board  of 
directors  hereinafter  provided  for. 

II.  The  board  of  directors  shall  consist  of  seven  mem-Boardof 
bers,  not  more  than  five  of  whom  shall  belong  to  the  same  directors, 
political  party.  The  Governor  shall,  on  the  tenth  day  of 
March,  one  thousand  nine  hundred  and  one,  or  as  soon 
thereafter  as  convenient,  and  every  four  years  thereafter, 
nominate  and,  by  and  with  the  advice  and  consent  of  the 
senate,  appoint  said  seven  directors,  whose  term  of  office 
shall  begin  on  the  first  of  May,  next  following  their  ap- 
pointment, and  continue  for  four  years  and  until  their 
successors  are  appointed  and  qualified.  Any  vacancy  in 
the  board  shall  be  filled  by  appointment  by  the  Governor 
in  like  manner,  for  the  unexpired  term/  The  term  of 
office  of  the  directors  now  in  office  shall  expire  on  the 
thirtieth  day  of  April,  nineteen  hundred  and  one. 


98 


SCHOOL  LAW  OF  WEST  VIRGINIA 


President. 


Quorum. 


Rules  and 
regulations. 


Directors' 
report. 


Manner  of 
commitment. 


III.  The  board  of  directors  shall  bienially  choose  one 
of  their  body  to  be  president  of  the  board,  and  in  his 
absence  shall  choose  a  president  pro  tempore.  A  major- 
ity of  the  board  shall  constitute  a  quorum,  but  the  board 
may  in  its  discretion  designate  business,  of  a  nature  ny 
it  to  be  specified,  which  may  be  transacted  by  a  stated 
number  of  directors  less  than  a  quorum. 

TV.  The  board  of  directors  shall  make  such  by-laws, 
ordinances,  rules  and  regulations  relative  to  the  manage- 
ment, government,  instruction,  discipline,  training, 
employment  and  disposition  of  the  minors  in  the  reform 
school,  not  contrary  to  law,  as  they  may  deem  proper, 
and  shall  appoint  such  officers,  agents  and  servants  as 
they  may  deem  necessary  to  transact  the  business  and 
carry  on  the  operation  of  said  reform  school,  and  may 
designate  their  'duties. 

V.  The  board  of  directors  shall  make  an  annual  re- 
port to  the  Governor  of  all    their  transactions,    of  the 
number  of  minors  received  by  them  into  said  reform 
school,  the  disposition    which    shall    be  made    of    such 
minors,  by  instructing  or  employing  them  therein  or  by 
binding  them  out  as  apprentices;  the  receipts  and  ex- 
penditures of  said  board  of  directors,  and  generally  all 
such  facts  and  particulars  as  may  tend  to  exhibit  the 
effect,     whether  beneficial  or    otherwise  of  said  reform 
school. 

VI.  The  manner  of  receiving  inmates  into  the  West 
Virginia  Reform  School  shall  be  in  either  of  the  follow- 
ing modes,  namely: 

First.  Male  minors  under  the  age  of  sixteen  years 
may  be  committed  by  a  justice  of  the  peace  of  any  of 
the  counties  in  the  State,  on  complaint  and  due  proof 
made  it  manifestly  requisite  that  from  regard  for  the 
such  minor,  that  by  reason  of  incorrigible  or  vicious 
conduct,  such  minor  has  rendered  his  control  beyond  the 
power  of  such  parent,  guardian  or  next  friend,  and 
made  it  manifestly  requisite  that  from  regard  for  the 
morals  and  future  welfare  of  such  minor  and  the  peace 
and  order  of  society,  he  should  be  placed  in  the  West  Vir- 
ginia Reform  School. 

Second.  Male  minors  under  the  age  of  sixteen  years 
may  be  committed  by  the  authority  aforesaid,  when 
complaint  and  due  proof  have  been  made  that  such 
minor  is  a  proper  subject  for  said  reform  school  by 
reason  of  vagrancy  or  of  incorrigible  or  vicious  conduct, 
and  that  from  the  moral  depravitv  or  otherwise  of  the 
parent,  guardian  or  next  friend,  in  whose  custody  such 
minor  may  be,  such  parent,  guardian  or  next  friend  is 


SCHOOL  LAW  OF  WEST  VIRGINIA  99 

incapable  or  unwilling  to  exercise  proper  care  and  dis- 
cipline over  such  incorrigible  or  vicious  minor. 

Third.  Such  male  minors  under  the  age  of  sixteen 
years  as  their  parents,  guardian  or  next  friend  may 
desire  to  place  therein  for  temporary  restraint  and  dis- 
cipline, where  parents,  guardian  or  next  friend  shall 
agree  and  contract  with  the  board  of  directors  for  their 
support  and  maintenance. 

And  fourth.     Male  minors  committed  by  the  several  .. 

/•no*  '-ii-i  i  •  11        fit-     Male  minors 

•courts  of  the  State,    as   provided   by   section    7    of  this  committed, 
chapter. 

VII.  Whenever  any  male  minor,  under  the  age  of  six- 
teen years,  shall  be  convicted  in  any  of  the  courts  of 
this  State  of  a  felony  or  of  a  misdemeanor,  punishable 
by  imprisonment,  the  judge  of  said  court  in  his -discre- 
tion, and  with  reference  to  the  character  of  the  reform 
school  as  a  place  of  reform    and    not    of    punishment, 
instead  of   sentencing   said  minor  to  be  confined  in  the 
penitentiary    or    county  jail,    may  order  him  to  be  re- 
moved to  and  confined  in  the  said  reform  school,  to  remain 
until  he  shall  have  arrived  at  the  age  of  twenty-one 
years,  unless  sooner  discharged  or  bound  as  an  appren- 
tice by  the  board  of  directors;  but  no  such  boy  shall  be 
retained  in  said  school  after  the  superintendent  shall 
have  reported  him,  and  he  has  been  found  by  the  board 
or  its  executive  committee,  to  be  fully  reformed.     Male 
minors  under  sixteen  years  of  age,  convicted  in  any  of 
the  courts  of  the  United  States  for  the  district  of  West 
Virginia,  or  of  any  offense  punishable  by  imprisonment, 
may  also  be  received  into  said  reform  school  upon  such 
regulation,  and  such  terms  as  to  their  maintenance  and 
support,  as  may  be  prescribed  by  the  board  of  directors, 
and  assented  to  by  the  proper  authorities  of  the  United 
States.    And  in  all  cases,  before  any  minor  is  transferred 
to  said  reform  school,  due  notice  shall  be  given  to  the 
superintendent  and  an  answer  received  from  him  that 
there  is  room  in  the  reform  school  for  such  minor. 

VIII.  It  shall  be  the  duty  of  the  justice  of  the  peace  Data  to  be 
when  committing  a  minor  to  said  reform  school  under  annexed  to 
the  first  and  second  clauses  of  section  six  of  this  chap-  ° 

ter,  in  addition  to  the  commitment,  to  annex  to  said  com- 
mitment the  names  and  residences  of  the  different  wit- 
nesses examined  before  him,  and  the  substance  of  the  tes- 
timony given  by  them  respectively,  on  which  the  adjudi- 
cation was  found. 

IX.  In  all  proceedings  before  justices  of  the  peace  for  Guardian  arf 
commitment  of  minors  to  the  said  reform  school  under  mem. 

the  first  and  second  clauses  of  section  six  of  this  chap- 


100  SCHOOL  LAW  OF  WEST  VIRGINIA 

ter,  the  justice  shall  appoint  some  discreet  and  disinter- 
ested person  guardian  ad  litem  for  such  minor,  whose 
duty  it  shall  be  to  represent  the  interest  of  said  minor 
and  see  that  no  injustice  is  done  him :  and  the  guardian 
ad  litem  of  said  minor  shall  have  the  right  to  demand  a 
jury  of  twelve  men  to  try  the  truth  of  the  charges  made 
against  said  minor,  and  said  jury  shall  be  selected  and 
said  trial  shall  be  conducted  in  the  same  manner  as 
is  provided  by  law  for  the  trial  of  criminal  cases  before 
justices  by  juries.  And  said  guardian  ad  litem  or  said 
minor  shall  have  the  same  right  of  appeal  from  any 
final  decision  rendered  against  said  minor  in  any  such 
proceedings,  whether  upon  a  trial  by  jury  or  otherwise, 
1  as  is  allowed  by  law  in  other  criminal  cases  tried  before 

justices. 

Mate ^  inmates  x  The  West  Virginia  Reform  School  shall  be  exclu- 
sively charged  with  the  reformation  and  care  of  male 
minors,  but  white  and  colored  inmates  shall  be  kept  sep- 
arate. 

behbound?utv  XI.  The  board  of  directors  shall  have  power  to  bind 
prentices.  ou^  male  children  committed  to  their  care,  with  the  con- 
sent of  such  children,  as  apprentices  during  their  minor- 
ity to  such  person  and  place,  whether  in  or  out  of  the 
State,  and  to  learn  some  proper  trade  and  employment 
as  in  the  judgment  of  said  board  will  be  most  conducive 
to  the  reformation  and  future  benefit  and  advantage  of 
such  children,  and  the  indentures  by  which  said  children 
shall  be  bound,  shall  contain  the  covenants  and  provis- 
ions prescribed  by  chapter  eighty-one  of  the  Code  of 
West  Virginia,  relating  to  master  and  apprentices,  and 
all  the  provisions  of  said  chapter  shall  apply  to  appren- 
tices bound  under  this  section,  so  far  as  applicable. 
!  XII.  A  commission  consisting  of  the  State  Superin- 
tendent of  Free  Schools,  and  one  member  from  each 
Congressional  district  of  the  State  to  be  appointed  by 
the  Governor,  shall  within  four  months  after  this  act 
becomes  in  force  as  a  law,  select  such  locality  as  it  may 
deem  best  as  the  site  for  the  West  Virginia  Reform 
School,  and  procure  a  good  title  to  such  site,  and  report 
their  action  to  the  Governor  as  soon  as  such  se- 
lection is  made  and  the  title  procured.  And  as  soon  as 
practicable  after  said  report  is  made  to  the  Governor, 
the  "board  of  directors"  herein  provided  for,  shall  con- 
tract for  and  cause  to  be  constructed  on  the  said  site, 
such  building  or  buildings  as  may  be  needed  in  carrying 
out  the  provisions  of  this  act.  Provided,  That  the  sum 
to  be  expended  for  said  site  and  for  constructing  said 
building,  shall  at  no  time  exceed  the  appropriation  for 
said  purpose. 


SCHOOL  LAW  OF  WEST  VIRGINIA* 


101 


XIII.  The  sum  of  five  thousand  dollars" 'to -t/e:  p 

out  of  the  State  fund  for  the  fiscal  year  ending  Sep  tern-  and  buildings, 
ber  30,  1889.  and  five  thousand  dollars  to  be  paid  out  of 
the  State  fund  for  the  fiscal  year  ending  September  30, 
1890,  is  hereby  appropriated  out  of  any  money  in  the 
treasury  not  otherwise  appropriated  to  be  used  in  pro- 
curing said  site  for  said  Reform  School,  and  in  provid- 
ing suitable  buildings  and  accommodations  for  the  same, 
and  in  carrying  on  said  Reform  School  when  establish- 
ed; and  the  reasonable  expenses  of  the  commissioners 
herein  provided  for,  selecting  a  site  for  the  said  Reform 
School  shall  be  allowed  and  paid  out  of  said  money  here- 
by appropriated. 

XIV.  Every  bnv  sent  to  the  reform  school  shall  remain  Boys  to  re- 
,.,    ,  «  ,.      main  till  of 

until  he  is  twenty-one  years  of  age,  unless  sooner  dis-  age  or 
charged  or  bound  as  an  apprentice  by  the  board  of  direc- l'eformetL 
tors;  But  no  boy  shall  be  retained  after  he  has  been  re- 
ported by  the  superintendent  and  found  by  the  board  or 
executive  committee  to  be  fully  reformed;  Provided,  That  criminal  boys 
in  any  case  where  a  boy  is  committed  to  the  reform 
school  for  an  offense  punishable  by  confinement  in  the  tiary. 
penitentiary,  and  it  is  found  by  the  board  of  directors 
that  the  reform  school  is  unable  to  benefit  such  boy,  and 
tliMt  his  presence  is  ,-i  t'eirimt'iit  <  r  menace  to  other  boys 
in  the  institution,  or  to  the  general  good  of  the  school, 
he  may  be  securely  returned  to  the  court  which  sentenced 
him,  and  said  court  shall  thereupon  pass  such  sentence 
upon  him  as  to  confinement  in  the  penitentiary  as  may 
be  pn  per  in  ihe  nn>mNe-:.  <  r  n^:  il  should  have  done  had 
it  not  sentenced  him  to  the  reform  school. 


And  the  governor  shall  have  power,  when  in  the  judg-  £, 


Governor 
may 


ment  of  the  warden  of  the  penitentiary  and  the  superin- 
tendent  of  the  reform  school  it  is  advisable,  to  remit  the 
penalty  of  any  youthful  offender,  under  Ihe  age  of  six- 
teen years,  confined  in  the  penitentiary,  to  a  sentence  to 
the  reform  school. 

CV.     If  any  nersen  shall  entice,  or  attempt  to  entice.  Persons  as- 
away  from  the  reform  school  any  boy  legally  committed  Satefi?" 
to  the  same:  OT  shall  aid  or  abet  any  boy  to  escape  from  gJalf1^'  &C" 
said  reform  school;  or  shall  harbor,  conceal,  or  aid  or  be  guilty  of 
ab^t  in  harboring  or  concealing-,  any  boy  who  shall  have 
escaped  therefrom  ;  or  shall,  without  the  permission  of  the 
superintendent,  give  or  sell,  or  aid  or  abet  any  other  per- 
son to  give  or  sell,  to  anv  boy  in   said  reform  school, 
whether  on  the  premises  of  said  institution  or  otherwise, 
any  money,  firearms,  intoxicating  drinl^  tobacco,  cigar- 
ettes, or  other  article  whatsoever;  or  sfiall  in  any  way 
cause  or  influence,  or  attempt  to  cause  or  influence,  cr 


102 


'"'  StHoVr/i/Aw  OF  WEST  VIRGINIA 


Officers  to 
arrest. 


Fees  and 
charges. 


tnsfein,  any  boy  in  said  reform  school  to  vio- 
late any  rule  of  the  institution  or  to  rebel  against  the  gov- 
ernment of  said  school  in  any  particular ;  or  shall  receive 
by  the  hands  of  any  such  boy  anything  of  value,  whether 
belonging  to  the  State  or  otherwise :  such  person  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion therefor,  shall  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars,  or  be  confined  not  more  than 
twelve  months  in  the  county  jail,  or  both  fined  and  im- 
prisoned as  aforesaid,  as  the  court  may  deem  proper. 

And  the  superintendent,  or  any  of  his  assistants,  or  any 
one  authorized  in  writing  by  him,  or  any  sheriff,  con- 
stable, policeman,  or  other  peace  officer,  shall  have  power* 
and  it  is  hereby  made  his  duty,  to  arrest  any  boy,  when 
in  his  power  to  do  so,  who  shall  have  escaped  from  said 
school,  and  return  him  thereto. 

XVI.  Justices  and  constables  and  juries  shall  have 
the  same  fees  in  the  proceedings  for  the  commitment  of 
boys  to  the  reform  school  as  are  allowed  by  law  for 
similar  services  in  other  criminal  cases,  and  such  fees 
shall  be  audited  by  the  county  court  of  the  county,  and 
paid  out  of  the  county  treasury.  For  transporting  a 
boy  to  the  reform  school  the  officer  having  him  in  charge 
shall  be  allowed  five  cents  for  each  mile  of  necessary 
travel,  either  in  going  or  returning:  and  said  costs  of 
transportation  in  case  the  boy  has  been  convicted  of  a 
felony  shall  be  paid  out  of  the  State  treasury  in  the  same 
manner  that  other  criminal  charges  are  paid  out  of  said 
treasury;  and  in  case  the  boy  has  been  convicted  of  a 
misdemeanor,  or  been  committed  by  a  justice,  said  costs 
of  transportation  shall  be  paid  out  of  the  treasury  of  the 
county,  from  which  said  boy  is  committed,  in  the  same 
manner  as  other  criminal  charges  are  paid  out  of  the 
treasuries  of  the  counties. 


Name. 


Appropria- 
tion. 


PREPARATORY  BRANCH   OF   THE   WEST   VIRGINIA   UNIVERSITY 
AT   MONTGOMERY,  FAYETTE   COUNTY 

1.  There  shall  be  established  a  school  at  Montgomery, 
in  the  county  of  Fayette,  to  be  called  the  Preparatory 
Branch  of    the   West    Virginia   University,   by    which 
name  it  shall  have  and  hold  all  the  properly,  funds,  in- 
vestments, rights,  powers  and  privileges  granted  by  this 
act.    by     bequest,    private    subscriptions,     donation    or 
otherwise. 

2.  It  being  estimated   that  the  sum  of   ten  thousand 
dollars  will  be  needed  for  the  purpose  of  the  erection  of 
suitable  buildings  and  the  purchase  of  a  site  for  said 


SCHOOL  LAW  OF  AVEST  VIRGINIA  103 

school,  therefore  the  sum  of  five  thousand  dollars  pay- 
able out  of  the  revenues  of  this  fiscal  year,  one  thousand 
eight  hundred  and  ninety-five,  is  hereby  appropriated 
out  of  any  money  in  the  treasury,  to  be  expended  under 
the  directions  of  the  board  of  regents  of  said  school  for 
said  purpose. 

For  the  government  and  control  of  said  school  there  Regents, 
shall  be  a  board  of  regents  consisting  of  the  state  super- 
intendent of  free  schools  and  the  members  of  the  board 
of  regents  of  the  West  Virginia  University.  As  such 
they  may  sue  and  be  sued,  plead  and  be  impleaded,  con- 
tract and  be  contracted  with  and  have  a  common  seal. 

3.  Said  board  shall  have  all  the  powers  to  act  and  Power*  of 
shall  act  and  be  controlled  according  to  and  under  the  regentB- 
laws  of  chapter  forty-five  of  the  code  of  West  Virginia, 
governing  the  board  of  regents  of  the  West  Virginia 
University,  except  as  herein  limited  by  this  act. 

4.  Said  board  of  regents  shall  as  soon  as  this  act  takes  Boardito  let 
,   let  the  contract    ;md   provide   for  the  erection  of  contract.. 

suitable  buildings  upon  the  site  selected  and  furnished 
for  said  school  by  the  citizens  of,  the  town  of  Mont- 
gomery, Fayette  county.  Said  buildings  to  be  com- 
pleted and  said  school  opened  not  later  than  the  first  day 
of  September,  one  thousand  eight  hundred  and  ninety- 
six.  Said  board  shall  provide  suitable  books,  furniture 
and  apparatus  necessary  for  the  successful  operation  of 
said  school,  all  of  which  shall  be  paid  for  as  herein  pro- 
vided. 

5.  That  the  property  in  all  grounds,  buildings  and  property 
improvements  erected    under  the  provisions  of  this  act, 

shall  be  vested  in  the  board  of  regents  of  said  school,  to 
be  used  and  controlled,  as  in  like  manner,  is  the  prop- 
erty of  the  West  Virginia  University  used  and  controlled 
by  its  said  board  of  regents. 

6.  There  shall  be  taught  in  said  school  such  branches 
of  learning  as  are  taught  in  the  preparatory  department 
of  the  West     Virginia  University     and  in  the  normal 
schools  of  this  State;  but  no  student  shall  receive  in- 
struction free  of  tuition  in  any  of  the  branches  herein 
designated,  except   as  to  sneh  as  are  taught  free  in  the 
preparatory  department  of  the  University  of  West  Vir- 
ginia. 

7.  It  shall  be  the  duty  of  the  said  board  of  regents  to  Teachers, 
employ  and  fix  the  salaries  of  a  sufficient  ancl  competent 

corps  of  teachers  and  other  necessary  officers.  Said 
teachers  and  officers  to  be  paid  as  is  provided  by  law 
for  the  payment  of  teachers  and  officers  of  the  West  -Vir- 
ginia University. 


104 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Tuition. 


Tuition,  etc.; 
how  applied. 


g^  AII  students  of  this  or  other  States  desiring  to 
take  other  branches  of  study  than  those  designated  in 
said  preparatory  courses.  or  take  other  course  of  study 
in  said  school  shall  pay  such  tuition  as  shall  be  herein- 
after fixed  by  the  faculty  of  said  school. 

9.  All  money  arising  from  tuition,  matriculation  fees 
Qr  ^herwise  coming  into  the  hands  of  the  treasurer  of 
said  school  shall  be  used  and  applied  to  the  payment  of 
the  teachers'  salaries  and  other  liabilities  of  said  school. 


BLUEPIELD   COLORED  INSTITUTE 


Name. 


Board  of 
Regents. 


f'owe'-s  of 
board. 


Provisions 
for  school. 


1.  There  shall  be  established  a  school  at  Blue-field, 
county  of  Mercer,  to  be  called  "Bluefield  Colored  Insti- 
tute/' by   which    name    it   shall  have  and  hold  all  the 
property,  funds,  investments,  rights,  powers  and  privi- 
leges created  by  this  act,    by  bequest,    private  subscrip- 
tion, donation  or  otherwise. 

2.  For  the  government  and  control  of  said  institute 
there  shall  be  a  board  of  regents  consisting  of  the  State 
Superintendent  of  Free  Schools  and  five  other  persons, 
not  more  than  three  of  said  five  persons  shall  belong  to 
the  same  political  party.     Said  board  shall  be  a  brdv  cor- 
porate under  the  style  of  ' '  Board  of  Regents  of  the  Blue- 
field  Colored  Institute."  and  as  such  may  sue  and  be 
sued,  pleaol  and  be  impleaded,  contract  and  be  contracted 
with,  and  have  and  use  a  common  seal.     The  Governor 
shall,  between  the  fifteenth  day  of  March  and  the  fif- 
teenth day  of  May,  in  the  year  nineteen  hundred  and  one, 
and  every  four  years  thereafter,  nominate  and,  by  and 
with  the  advice  and  consent  of  the  Senate,  appoint  said 
five  regents,  whose  term  of  office  shall  begin  on  the  first 
day  of  June  next  after  their  appointment  and  continue 
for  four  years  and  until  their  successors  are  appointed 
and  qualified.    A  vacancy  in  the  office  of  regent  shall  be 
filled  by  appointment  by  the  Governor  for  the  unexpired 
term.    The  compensation  of  said  regents  shall  be  the  same 
as  that  provided  for  the  regents  of  the  West  Virginia 
Colored  Institute.     The  term  of  office  of  the  regents  now 
in  office  shall  expire  on  the  thirty-first  day  of  May.  nine- 
teen hundred  and  one. 

3.  Said  boards  shall  have  all  the  powers  to  act,  and 
shall  act  and  be  controlled  according  to  and  under  the 
laws    governing    the    board    of    regents    of    the    normal 
schools  of  this  State,  except  as  here  limited  by  this  act. 

4.  The  said  board  of  regents  shall,  as  soon  as  this  act 
take's  effect,  let  the  contract  and  provide  for  a  suitable 
building  upon   the  site   selected   for  said  school   by   the1 


SCHOOL  LAW  OF  WEST  VIRGINIA  105 

said  board  of  regents,  said  building  to  be  completed  and 
said  school  opened  not  later  than  the  first  day  of  Sep- 
tember, one  thousand  eight  hundred  and  ninety-six. 
Said  board  shall  provide  suitable  books,  furnitue  and 
apparatus  necessary  for  the  operation  of  said  school,  all 
of  which  shall  be  paid  for  as  hereinafter  provided. 

5.  The    property    and    all    grounds    and     improve-  Property, 
ments  erected  under  the  provisions  of  this  act,  shall  be 
vested  in  the  board  of  regents  of  said  school,  td  be  used 

and  controlled  in  like  manner  as  the  property  of  the 
normal  school  and  branches  is  usecl  and  controlled  by  its 
said  board  of  regents. 

6.  There  shall  be  taught  in  said  .school  such  branches 
of  learning  as  are  taught  in  the  preparatory  department 
of  the    West    Virginia    University  and  in  the    normal 
schools  of  this  State,  but  no  student    shall    receive    in- 
struction free  of  tuition  in  any  of  the  branches  here 
designated  except  as  provided  in  section  ninety-six  of 
chapter  forty-five  of  the  Code  of  West  Virginia,  and  as 
to  such  as  -are  taught  free  in  the  preparatory  depart- 
ment of  the  University  of  West  Virginia. 

7.  It  shall  be  the  duty  of  the  said  board  of  regents  to 
empiov  and   fix  the  salaries  of  a   sufficient  and   compe- 
tent corps  of  teachers  and  other  necessary  officers,  such 
teachers  and  officers  to  be  paid  as  is  provided  By  law  for 
the  payment  of  teachers    and   officers    of    the    normal 
schools  of  this  State.     The  said  salaries  To  be  paid  out 
of  any  moneys  in  the  State  treasury  not  otherwise  ap- 
portioned. ,  .  . 

8.  All  students  of  this  State  desiring  to  take  other 
branches  of  studies  than  those  designated  in  said  pre- 
paratory course    or    takinsr    other    courses  of  study  in 
said  school,  shall  pay  such  tuition  a?  shall  hereafter  be 
fixer]  by  the  faculty  of  said  school. 

9.  All  students  from  other  states  shall  be  required  to 
pay  such  tuition  as  shall  Be  designated  by  the  said  Board 
of  regents. 

10.  All  money  arising-  from  tuition,  matriculation  fees 
or  otherwise,  coming  into  the  hands  of  the  treasurer  of 
said  school,  shall  Be  used  and  applied  to  the  payment  of 
teachers'  salaries  and  other  liabilities  of  said  school. 

KKVSKK    I'RKl'AKATOUY    BRANCH   OF  THE   WEST   VIRGINIA 
UNIVERSITY 

I.    There  shall  be  established  at  Keyser,  in  the  county  Name> 
of  Mineral  a  school  to  be  called  the  "  Keyser  Preparatory 
Branch  of  the  West  Virginia  University,"  By  which  name 
it  shall  hold  all  the  property,  funds,  investments,  rights, 


106 


SCHOOL  LAW  OP  WEST  VIRGINIA 


Appropria- 
tion. 


Board  of 
Regents. 


Counties 
represented 
on  board. 


Building. 


Property 
Tested  in 
board. 


powers  granted  and  may  receive  and  hold  by  bequest 
private  subscriptions.,  donations  or  otherwise  money  and 
other  property. 

II.  It  being  estimated  that  the  sum  of  twenty  thou- 
sand dollars  will  be  needed  for  the  purpose  of  erecting 
suitable  buildings  for  said  school,  therefore,  the  sum  of 
seven  thousand  five  hundred  dollars  is  hereby  appropri- 
ated out  of  the  revenues  of  the  fiscal  year,  one  thousand 
nine  hundred  and  one,  and  the  sum  of  twelve  thousand 
five  hundred  dollars  out  of  the  revenues  of  the  fiscal  year 
one  thousand  nine  hundred  and  two,  is  hereby  appro- 
priated out  of  any  money  in  the  treasury  to  be  expended 
under  the  directions  of  the  board  of  regents  of  said 
school  for  said  purpose.    For  the  government  and  control 
of  said  school,  there  shall  be  a  board  of  regents  consist- 
ing of  six  members,  who  shall  be  appointed  by  the  Gov- 
ernor; not  more  than  four  of  whom  shall  be  of  the  same 
political  party,  and  who/ with  the  State  Superintendent 
of  Free  Schools,  who  shall  be  ex-officio  member  shall  con- 
stitute said  board;  two  of  the  members  of  said  board  of 
regents  shall  hold  their  office  for  the  term  of  two  years, 
beginning  the  first  day  of  June,  1901 ;  two  for  the  term 
of  four  years  and  two  for  the  term  of  six  years.    Vacan- 
cies occurring  in  the  board  shall  be  filled  by  the  Governor 
as  they  occur. 

Tne  members  of  said  board  shall  be  appointed  from  the 
citizens  of  Mineral,  Grant,  Hardy,  Morgan,  Pendleton, 
Tucker,  Preston  and  Hampshire  counties,  and  before  en- 
tering upon  the  discharge  of  their  duties,  the  members  of 
the  board  shall  take  an  oath  to  faithfully  discharge  their 
duties.  The  said  board  shall  be  known  as  the  board  of 
regents  of  the  "Keyser  Preparatory  Branch  of  the  West 
Virginia  University/'  by  which  name  said  board  shall 
sue  and  be  sued,  make  contracts,  receive  and  hold  real 
and  personal  property  as  aforesaid. 

III.  Said  board  of  regents  shall  as  soon  as  practicable 
after  this  Act  takes  effect,  contract  and  provide  for  the 
erection  of  suitable  buildings  upon  the  site  selected  and 
furnished  for  said  school  by  the  town  of  Keyser,  in  Min- 
eral county.     Said  buildings  to  be  completed  and  said 
school  opened  by  the  first  day  of  October,  1902.     Said 
board  shall  provide  suitable  books,  furniture  and  appa- 
ratus necessary  for  the  successful  operation  of  said  school. 
All  of  which  shall  be  paid  for  as  herein  provided. 

IV.  That  the  property,  buildings  and  improvements 
erected  under  the  provisions  of  this  Act,  shall  be  vested 
in  the  board  of  regents  of  said  school,  to  be  used  and  con- 
trolled for  the  purposes  of  this  Act. 


SCHOOL  LAW  OF  WEST  VIRGINIA  107 


V.  There  shall  be  taught  in  said  school  such  branches 
of  learning  as  are  taught  in  the  Preparatory  Department 
of  the     West  Virginia  University     and  in  the  Normal 
Schools  of  this  State,  including  mechanics  and  such  other 
branches  as  shall  fit  the  pupils  for  useful  trades  and  call- 

ings.   But  no  student  shall  receive  instruction  free  of  tui-  Tuition. 
tion  in  any  of  the  branches  herein  designated,  except  as 
to  such  as  are  taught  free  in  the  Preparatory  Department 
of  the  West  Virginia  University. 

VI.  It  shall  be  the  duty  of  said  board  of  regents  to  ?eaa?nerlof 
employ  and  fix  the  salaries  of  a  sufficient  and  competent 

corps  of  teachers  and  officers,  to  be  paid  as  provided  by 
law,  and  as  directed  by  said  board  of  regents. 

VII.  All  students  of  this  or  other  States  desiring  to 

take  other  branches  than  those  designated  in  said  pre-  tuition. 
paratory  course,  or  to  take  other  courses  of  study  in  said 
school,  shall  pay  such  tuition  as  shall  be  fixed  by  the 
board  of  regents. 

VIII.  All  money  arising  from  tuition,  matriculation  Money,  how 
fees  or  otherwise  coming  into  the  hands  of  the  treasurer  us 

of  said  school,  shall  be  used  and  applied  to  the  payment 
of  the  teachers  salaries,  and  other  liabilities  of  said 
school. 

IX.  No  part  of  this  appropriation  provided  for  in  this  K 
Act  shall  be  expended  in  the  construction  of  buildings, 
providing  furniture  for  said  school,  nor  be  used  for  that 
purpose  until  the  board  of  regents  shall  certify  to  the 
Auditor  that  the  town  of  Keyser,  or  the  citizens  thereof, 
have  donated  to  the  board  for  the  purposes  of  this  Act 
at  least  the  sum  of  five  thousand  dollars,  in  land,  money 
or  other  property. 

X.  And  the  Auditor  is  hereby  authorized  to  draw  his 
warrant  on  the  Treasurer  of  this  State,  payable  to  thn 
treasurer  appointed  by  said  board,  for  the  money  appro- 
priated by  this  act  when  payable  according  to  the  terms 
of  this  Act. 

XI.  The  board  of  regents  of  said  school  shall  have 
power  to  appoint  a  treasurer,  and  require  him  to  give  Treasurer 
bond,  with  good  security  to  be  approved  by  said  board,  secretary  and 
and  also  a  secretary,  to  appoint  an  executive  committee 

of  not  more  than  three  persons,  citizens  of  Keyser,  to 
have  the  care,  control  and  management  of  said  school, 
under  the  order  and  direction  of  the  board  of  regents. 

XII.  The  members  of  the  board  of  regents  shall  re- 
ceive  three  dollars  per  day  for  the  time  actually  employed  board. 
by  them  and  their  actual  expenses  while  attending  the 
meetings  of  the  board,  which  shall  be  verified  by  oath. 


108 


SCHOOL  LAW  OF  WEST  VIRGINIA 


UXCODIFIED  LAWS 


Optional 
text  book. 


Davies'  "Facts  in  Civil  Government"  be,  and  the  same 
is 'hereby  made  a  supplementary  and  optional  text-book 
for  use  in  the  free  schools  of  the  State,  the  same  to  con- 
tain the  constitution  of  West  Virginia.  The  price  at 
which  such  book  shall  be  furnished  to  be  55  cents  per 
copy. 

The  boards  of  education  throughout  the  State,  out  of 
the  building  funds  of  their  districts  may  provide  for  the 
purchase  of  a  United  States  Flag,  four  by  six  feet  of 
regulation  bunting,  for  each  school  house  in  their  district 
and  require  the  same  to  be  displayed  over  the  school 
house  during,  the  time  the  school  is  in  session. 

The  trustees  of  such  school  district  shall,  in  ac- 
cordance with  the  direction  of  the  board  of  education, 
place  such  flag  over  the  school  house  in  their  school  dis- 
trict at  the  beginning  of  the  school  term  therein,  •  and 
said  trustees  shall  cause  the  teachers  to  keep  said  flag  so 
displayed  during  the  time  the  school  is  in  session,  except 
that  on  stormy  or  inclement  days,  said  flag  shall  not  be 
so  displayed,  if  in  the  judgment  of  said  teacher  such  in- 
clement weather  would  be  destructive  of  said  flag. 


Election  days     All  election  days  shall  be  legal  holidays  throughout 
the  district  or  municipality  in  which  the  election  is  held 


Boards  may 

purchase 

flags. 


Trustees  to 
keep  flags 
displayed. 


Holidays 
designated. 


The  following  named  days  be  regarded,  treated  and 
observer!  as  legal  holidays,  viz:  The  first  day  jf 
January,  commonly  called  "New  Year's  Day;"  the  twen- 
ty-second day  of  February,  commonly  called  "Washing- 
ton's Birth  Day:"  the  fourth  day  of  July,  commonly 
called  "Independence  Day;"  the  thirtieth  day  of  May, 
commonly  called  "Memorial  Day;"  the  twenty-fifth  day 
of  December,  commonly  called  "Christmas  Day:"  the 
first  Monday  in  September,  commonly  called  "Labor 
Day;"  any  national  or  state  election  day,  and  all  days 
that  may  be  appointed  or  recommended  by  the  Governor 
of  this  State  or  the  President  of  the  United  States  as  days 
of  thanksgiving,  or  for  the  general  cessation  of  business: 
and  when  either  of  said  days  or  dates  falls  on  Sunday, 
then  it  sTTall  be  lawful  to  observe  the  succeeding  Monday 
as  such  holiday:  Provider!,  that  when  the  return  day  of 
any  summons  or  other  court  proceeding,  or  any  notice,  or 
the  time  fixed  for  holding  any  court,  or  doing  any  official 
act,  shall  fall  on  either  of  said  holidays,  the  next  ensuing 
secular  dav  shall  be  taken  as  meant  and  intended. 


APPENDIX 


ORDER  OF  PROCEEDINGS  AT  THE  FIRST  ANNUAL  MEETING  OF  THE  BOARD 
AFTER  THEIR  ELECTION 

[See  Section  8.] 

1.  Appoint  a  secretary. 

2.  Appoint  one  trustee  for  each  sub-district. 

3.  Determine  the  number  of  months  the  schools  shall  be  taught 
in  the  district  during  the  school  year. 

4.  Determine  the  number  of  teachers  that  may  be  employed  in 
the  sub-districts,  allowing  at  least  one  for  each  school  house. 

5.  Fix  the  salaries  of  teachers  according  to  the  grade  of  certifi- 
cate. 

6.  Estimate  the  number  of  teachers  of  each  grade  that  will  be 
employed. 

7.  Ascertain  the  whole  number  of  months  to  be  taught  in  the 
district  by  teachers  of  each  grade. 

8.  Determine  the  aggregate  amount  of  money  necessary  to  pay 
all  the  teachers. 

9.  Ascertain  the  unexpended  balance  of  the  teachers'  fund  in  the 
hands  of  the  sheriff,  due  the  district  from  last  year,  after  paying 
all  salaries  due  teachers  the  preceding  year. 

10.  Ascertain  any  other  moneys  available  to  the  teachers'  fund. 

11.  Deduct  these  amounts  from  the  aggregate  amount  necessary 
to  pay  all  the  teachers. 

12.  Lay  the  district  levy  for  teachers'  fund  large  enough -to  cover 
this  amount,  making  proper  allowances  for  exonerations,  delinquen- 
cies and  commissions. 


110  SCHOOL  LAW  OF  WEST  VIRGINIA 

The  following  calculation  will  be  convenient  for  reference  in  mak- 
ing levies  for  school  purposes : 

i 

Number  of  teachers  to  be  employed  in  the  district 20 

Number  of  months  to  be  taught  during  the  year 6 

Amount  of  money  to  pay  all  teachers  (estimated) $  4,380 

This  estimate  is  made  as  follows : 

10  No.  1  grade  teachers  at  $40  per  mo 400 

6  No.  2  grade  teachers  at  $35  per  mo 210 

4  No.  3  grade  teachers  at  $30  per  mo 120 

Monthly   pay    $      730 

Mumber  of  months 6 

Total  for  term  '. $  4,380 

Deduct  amount  on  hand  including  amount  of  general  school 

fund.    1,880 

$  2,500 

To  ascertain  the  number  of  cents  to  be  levied  on  every  one  hun- 
dred dollars'  valuation  of  property  in  the  district  to  raise  $2,500  by 
taxation,  suppose  the  whole  valuation  in  the  district  to  be  $600,000. 
RULE — Drop  the  cents,  if  any,  and  add  four  ciphers  to  the  amount 
in  dollars  to  be  raised  by  the  levy,  and  divide  by  the  amount  in  dol- 
lars taxable  property. 

Example :     600,000)  25,000,000 (41  2-3  cents. 
24,000,000 

1,000,000 
600,000 

400,000       . 
600,000 

Similar  calculations  should  be  made  in  relation  to  the  Building 
Fund. 

14.     Determine  the  method  and  enter  it  on  record,  for  calling  spe- 
cial meetings  of  the  board  when  necessary. 

FORM  NO.  I 

FORM  OF  ORDERS  TO  BE  ENTERED  OF  RECORD  BY  THE  BOARD  OF  EDU- 
CATION. 

OFFICE  OF  THE  BOARD  OF  EDUCATION ) 

DISTRICT,  IN  THE  COUNTY  OF ) 

WEST  VIRGINIA. 
At  a  meeting  of  the  Board  of  Education  held  on  the  ....  day  of 

,  19 . . ,  there  were  present, president,  and 

and ,  members  of  the  board. 

On  motion  of ,  it  is  ordered  that be,  and  he  is 

hereby  appointed  Secretary  of  this  Boarfl. 


SCHOOL  LAW  OF  WEST  VIRGINIA  111 

On  motion,  it  is  ordered  that  the  following  named  persons  be  ap- 
pointed trustees  in  the  following  named  sub-districts,  for  a  term  of 
three  years,  and  until  their  successors  are  appointed  and  qualified : 

Trustee  for  Sub-District  No.  1. 


Trustee  for  Sub-District  No.  2. 


On  motion  of ,  it  is  ordered  that  the  salaries  of  teachers 

per  month,  for  the  school  year,  shall  be  as  follows,  according  to  the 
grade  of  their  certificate:  For  grade  No.  1,  $....;  for  grade  No.  2, 
.$....;  for  grade  No.  3,  $ .... 

It  is  found  by  the  boarkl  that  in  addition  to  the  available  funds 
now  on  hand,  $.  . .  .  will  be  necessary  for  the  payment  of  teachers' 

salaries  for  the  current  year,  and  on  motion  of ,  it  is  ordered 

that  a  tax  of  ....  cents  on  the  one  hundred  dollars'  valuation  of 
the  real  estate  and  personal  property  of  the  district  be  levied  for 
that  purpose. 

'  A  similar  order  should  be  entered  in  relation  to  the  levy  for 
"Building  Fund.) 

On  motion  of ,  it  is  ordered  that  the  president  arid  secre- 
tary of  this  board  be  authorized  to  sign,  in  vacation,  all  proper  or- 
ders for  the  payment  of  money  out  of  the  teachers'  fund  or  the  build- 
ing fund,  for  the  salaries  of  teachers  employed  and  claims  allowed 
by  the  board,  and  that  they  report  the  orders  drawn  on  each  fund, 
at  the  next  meeting  of  this  board. 

The  secretary  of  this  board  made  a  report  this  day  for  the  several 
orders  drawn  by  him  and  the  president,  on  the  teachers'  fund  and 
the  building  fund,  respectively,  since  the  last  meeting  of  the  board, 

us  follows:  An  order  on  the  teachers'  fund,  in  favor  of , 

a  teacher,  for  $....;  an  order  in  favor  of ,  a  teacher,  for 

$....;  also  an  order  on  the  building  fund,  in  favor  of ,  for 

work  done  on  school  house,  for  $....;  and  an  order,  IB 

favor  of for  furnishing  wood  for school  house, 

for  $ .... 

On  motion  of it  is  ordered  that  when  in  the  opinion  of 

the  president  or  of  the  two  commissioners  it  is  deemed  necessary, 
the  president  or  secretary  may  call  a  special  meeting  of  this  board. 

On  motion  the  board  does  now  adjourn. 


....  President. 

Secretary. 


112  SCHOOL  LAW  OF  WEST  VIRGINIA 


FORM  NO.  II 

ORDER  OF  APPOINTMENT  TO  FILL  A  VACANCY   IN   THE  BOARD  OF  TRUS- 
TEES 

[To  be  entered  in  records  of  the  board.] 

There  being  a  vacancy  in  the  board  of  trustees  in  sub-district  No. 

,  in  the  district  of ,  on  motion  of ,  it 

is  ordered  that be,  and  he  is  hereby  appointed  to  fill  said 

(vacancy  for  the  unexpired  term,  and  till  his  successor  shall  be  ap- 
pointed and  qualified. 

NOTE— Thie  order  of  appointment  should  be  entered  in  thereeord  book  of  the  board 
of  education  at  a  regular  meeting,  and  a  copy  of  it  signed  by  the  secretary  of  the 
board  served  upon  the  appointee. 


FORM  NO.  Ill 

APPOINTMENT  OF  A  MEMBER  OF  THE  BOARD  OF  EDUCATION   TO  FILL  A 

VACANCY 

OFFICE  OF  COUNTY  SUPERINTENDENT,       ) 

OF  THE  COUNTY  OF  ) 

,  West  Virginia,   ,  19 ... 

It  having  been  made  known  to  me  that  there  is  a  vacancy  in  the 

board  of  education  in   district  in  my  said  county,  I 

...... ,  county  superintendent  of  said  county.,  in  pursuance 

of  the  authority  vested  in  me  by  law,  hereby  appoint 

to  fill  the  vacancy  in  said  board  for  the  unexpired  term. 

,  County  Superintendent. 


FORM  NO.  IV 

OATH    OF    OFFICE 

State  of  West  Virginia,  County  of ,  to-wit  : 

I, ,  do  solemnly  swear  (or  affirm)  that  I  will  support 

the  Constitution  of  the  United  States,  and  the  Constitution  of  this 
State,  and  that  I  will  faithfully  discharge  the  duties  of  my  office  of 

to  the  best  of  my  skill  and  judgment.     So  help  me 

God. 

A B . 

Sworn  to  and  subscribed  before  me,   ,  a  justice  of 

the  peace,  the  ....  day  of ,  19 . . 

C D ,  J.  P. 


SCHOOL  LAW  OF  WEST  VIRGINIA  113 

FORM  NO.  V 


RM    TO  BE  USED  IN  THE  SETTLEMENT   BY   THE   SHERIFF   WITH   THEi 
SEVERAL  BOARDS  OF  EDUCATION,   ON  OR  BEFORE  THE  30TH 
DAY  OF  JUNE  IN  EACH  YEAR 

,  Sheriff  of  county,  in  account  with 

the  Teachers'  Fund  of   district  for  the  year  ending 

June  30,  19 .  . 


To  balance  due  District  on  settlement  for  the  year  ending  June   80.  19 

To  amount  due  from  State  School  Fund  for  the  year  ending  June   80,  19. 
To  amount  levied  on  a  valuation  of  $...  for  the  year  ending  June  30,  19. 

at cents  on  each  hundred  dollars  valuation 

To  amount  received  from  other  sources  for  the  year  ending  June  30,    19... 
[Itemize  each  sum  received  from  "other  sources,"  giving  date,  amount 
and  from  whom  received.  ] 


Total  debits 


Cts 


Cts. 

By  balance  due  sheriff  on  settlement  for  the  year  ending  June   30,  19 

By  sundry  school  orders  paid  to  date 

[The  No.,  date  and  name  of  person  to  whom  each  order  was  drawn, 
with  the  actual  amount  paid  thereon  by   the  officer  presenting  it,  should 
be  given  in  detail.  ] 
By  commission  at  5  per  cent,  on  net  district  levies... 

By  2  per  cent,  commission  on  railroad  levy 

By  exonerations — (Name  each  person  exonerated,   the  name  and  for  what 

year  the  exoneration  is  made) 

By  delinquent  list  for  the  year  ending  June   30,    19. 


Total  credits  

Balance  due  district,  (or  sheriff,  as  the  case  may  be)  ... 


FORM  NO.  VI 


CALL  FOR  SPECIAL  MEETING 


OFFICE  OF ) 

DISTRICT,     ) 

COUNTY,  W.  VA.     ) 

. ,19.. 

It  appearing  to that  a  special  meeting  of  the  board 

of  education  of  said  district  is  necessary  to  transact  business  relating 

to  and  other  matters,  a  meeting  is  hereby  called  at 

at   o  'clock M.,   ,  19 ..     You 

are  requested  to  be  present. 

,  Secretary. 

To  . 


114  .  SCHOOL  LAW  OF  WEST  VIRGINIA 

FORM  NO.  VII 

FOR  TRANSFER 

............   DISTRICT,  •  ) 

......  COUNTY,  W.  VA.     ) 

SUB-DISTRICT^  No  .......    ) 

It  appearing  to  the  undersigned,  trustees  of  .........  sub-district 

that  ........................  ,  children  of  ................   of 

........  sub-district  are  so  situated  as  to  be  better  accommodated 

in  sub-disMct  no  .  .  .  .  ,  ........  district,  ........  County,  W.Va., 

this  is  to  certify  that  said  trustees  have  this  day,  as  required  by  law, 
transferred  them  to  that  district.     This  transfer  is  to  commence  on 
the  ....  day  of  ..........  ,  19  .  .  ,  and  continue  in  force  .......... 

months. 

To  the  Trustees  of  Sub-     )      ....................     ) 

Dist.  No.  .  .  of  .  .  Dist.,     )      ................  ----     )     Trustees. 

____  .  .   County,  W.  Va.     )      -----  ................     ) 

On  the  reverse  of  the  transfer  (Form  VII)  the  following  endorse- 
ment may  be  made  : 

Transfer  of  ....  scholars  from  sub-district  no  .  .  .  .  ,  ......  Dis- 

trict, .  .  .......  County,  to  sub-district  no  ----  ,  ........  District, 

........  County,  W.  Va. 

We,  the  trustees  of  the  last  "named  sub-district,  this  day  ...... 

*aceept  the  within  transfer  in  accordance  with  sec.  12  school  law, 
..........  ,19.. 


)      Trustees. 


Or  refuse  to  accept. 


NOTE—  Trustees  accepting  transfers  from  other  districts  should  transmit  them  to 
their  board  of  education,  there  to  be  kept  on  file  for  the  information  of  the  board  in 
making  settlements  for  the  amount  due  for  the  transferred  pupils. 

Trustees  making  transfers  should  furnish  their  board  with  information  of  all 
transfers  made  by  them,  to  enable  the  board  to  provide  for  the  payment  of  the  pro 
rata  expenses  of  the  transferred  pupils.  The  following  form  may  be  used  by  the 
trustees: 

To  the  president  of  the  Board  of  Education  of  ........  district: 

This  is  to  certify  that  the  undersigned,  trustees  of  sub-district 
no  .  .  ,  .........  District  have  transferred  as  required  by  law  ...... 

pupils,  the  children  of  ........  ,  from  this  sub-district  to  no  .....  , 

.  .......  District,   ........   County,  to  begin  on  the  ....   day  of 

........    19  .  .    and  continue  ....  months. 


)      Trustees. 


SCHOOL  LAW  OP  AVEST  VIRGINIA  115 

FORM  NO.  VIII 

FORM  OF   CONTRACT  BETWEEN   TRUSTEES   AND   TEACHER 

This  Contract  Witnesseth,  That   ................  ,   ..........  , 

and  ..................  ,  trustees  of  sub-district  No  .......  in  the 

district  of  ............  ,  and  county  of  ............  ,  West  Vir- 

giinia,  of  the  first  part,  having  met  together  as  required  by  section  13 
of  the  School  Law,  and  ................  .  .  .  .,  a  teacher  holding  a 

No  .....   teacher's  certificate,  of  the  second  part,  have  this  day 

agreed  that  said  ............   shall  teach  the  free  school  in  said 

sub-dictrict,  for  the  term  of  ......  months,  commencing  on  the  .... 

day  of  ..........  ,  19  .  .  ,  for  the  sum  of  ........  dollars  per  month, 

and  that  for  said  services,  properly  rendered,  the  trustees  aforesaid 
will  pay,  as  prescribed  by  law,  the  amount  of  salary  due  said 
..............  according  to  the  terms  of  this  contract. 

And  it  is  further  agreed  that  if  for  any  legitimate  reason  the 
school  is  not  begun  on  the  date  mentioned,  or  if  for  such  cause  it  is 
discontinued  or  suspended,  neither  party  shall  have  recourse  on  the 
other  for  damages. 

Witness  our  hands,  this   ....   day  of  ............  ,  19.  . 


....................     )      Trustees. 

....................     ) 

..................  ,  Teacher. 

FORM  NO.  IX 
SECRETARY'S  NOTICE  TO   COUNTY  SUPERINTENDENT,  ASSESSOR  AND 

COUNTY  CLERK,  OF  RATE  OF  LEVIES 

OFFICE  OF  SECRETARY  BOARD  OF  EDUCATION. 
..................  ,  19.  .  *To  ..........  of  ...........  county, 

At  a  meeting  of  the  board  of  education.  of  ............  district 

of  said  county,  held  on  the  ....  day  of  ............  ,  19  .  .  ,  it  was 

ordered  that  levies  for  the  support  of  the  free  schools  of  the  district 
for  the  year  beginning  the  first  day  of  July,  19.  .,  be  .made  for  the 
respective  funds  at  the  following  rates: 

For  Teachers'  Fund,  ........  cents  on  the  $100  valuation. 

For  Building  Fund,  ........  cents  on  the  $100  valuation. 

Respectfully, 

....................  ,  Secretary. 

SECTION  44  SCHOOL  LAW.—  Immediately  upon  the  receipt  of  the 
certificate  mentioned  in  the  preceding  section,  and  of  the  notice  from 
the  county  superintendent,  as  hereinafter  provided,  showing  the 
amount  of  the  general  school  fund  to  which  such  district,  or  inde- 
pendent school  district  is  entitled,  it  shall  be  the  duty  of  the  board 
of  education  of  such  district  to  determine  the  rate  of  taxation  nec- 

*Write  Assessor,  Clerk  of  County  Court  or  County  Superintendent  as  the  case  may 
be.    Each  must  fce  notified  promptly.  «*•*• 


116  SCHOOL  LAW  OF  WEST  VIRGINIA 

essary  for  the  pay  of  teachers  and  for  the  building  fund  in  their 
district  for  the  school  year  and  for  the  payment  of  any  such  existing 
indebtedness,  as  aforesaid,  and  report  the  same  by  their  secretary, 
to  the  clerk  of  the  county  court,  to  the  county  superintendent  and 
also  to  the  assessor ;  and  thereupon,  it  shall  be  the  duty  of  the  said 
assessor  to  extend  on  his  books  of  assessment  for  State  and  county 
purposes  the  amount  of  taxes  levied  as  aforesaid,  in  two  separate 
columns,  the  one  headed  "Teachers'  Fund,"  and  the  other  "Build- 
ing Fund,"  from  which  extension  the  sheriff  shall  proceed  to  collect 
the  same,  and  shall  account  therefor  as  required  by  law.  Any  as- 
sessor who  shall  fail  to  make  out  and  deliver  the  certificate  mentioned 
in  the  forty-third  section,  and  any  secretary  of  a  board  of  education 
who  shall  fail  to  make  out  and  deliver  the  certificate  named  in  this 
section  shall  be  fined  twenty  dollars,  for  the  benefit  of  the  Building 
Furid  of  the  district. 

FORM  X 

COUNTY  SUPERINTENDENT'S  CERTIFICATE  TO  SECRETARIES  OF  THE 
AMOUNT  OF  RAILROAD  TAX 

OFFICE  COUNTY  SUPERINTENDENT  FREE  SCHOOLS. 

To  the  Sec'y  Board  of  Education  of District. 

County,  West  Virginia. 

You  are  hereby  notified  that  the  amount  due  your  district  for 
school  purposes  and  chargeable  to  the  Sheriff  on  the  respective  ac- 
counts of  Teachers'  and  Building  Fund  in  proportion  to  the  rate  of 
levy  for  each,  for  the  school  year  ending  June  30,  19 .  . ,  from  the 

Railroad  Company  is Dollars. 

Given  under  my  hand  this  ....  day  of ,19 


Dated ,  19 County  Sup't  County, 

When  the  County  Superintendent  is  notified  by  the  Auditor  of 
the  amount  paid  into  the  treasury  by  the  Railroad  Company  to  the 
credit  of  any  district  for  school  purposes;  or,  is  notified  of  the 
amount  of  Railroad  tax  certified  by  the  Auditor  to  the  Sheriff  of 
the  County  for  collection  for  school  purposes,  he  should,  without 
delay,  notify  (on  this  blank)  the  Secretaries  of  the  respective 
Boards  of  Education  of  the  amount  due  them  from  the  different 
Railroad  companies  that  have  property  in  their  respective  districts. 
The  secretaries  of  the  Boards,  when  they  are  notified  as  above 
directed,  should  divide  the  amounts  so  reported,  between  the 
Teachers'  and  Building  Funds  in  proportion  to  the  rate  of  levy  made 
for  each.  The  amounts  should  then  be  charged  up  to  the  Sheriff 
on  account  of  the  respective  Funds. 


SCHOOL  LAW  OF  WEST  VIRGINIA 
FORM  NO.  XI 


117 


COUNTY  SUPERINTENDENT  S  CERTIFICATE  TO  THE  AUDITOR  OF  DIS- 
TRIBUTION OF  STATE  FUND  FOR  HIS  COUNTY 

OFFICE  COUNTY  SUPERINTENDENT  FREE  SCHOOLS,     ) 

, ,  COUNTY,  W.  VA., ,  19. .   ) 

To  the  Auditor  of  the  State  of  West  Virginia. 

SIR:  — The  following:  shows  the  apportionment  made  by  me,  to  the 

several  school  districts  of  the  county  of ,  for  the  school 

year  commencing  July  1st,  19.  . 

Whole  amount  certified  by  State  Superintendent, $ 

Amount  deducted  for  salary  of  County  Superintendent,      

Whole  amount  distributed  to  the  several  school  districts,     

Amount  distributed  to  each  school  district  respectively : 


DISTRICTS.                                                  PSSte?6thf 

Payment  of 
Dec.  15th. 

Total. 

District,  f  

$  

S. 

- 

4  1 



$ 



$ 



Total                             $ 

INDEPENDENT  DISTRICTS. 

District.  $ 

' 

44 





Total                               $ 

,  County  Superintendent 

of County. 


118  SCHOOL  LAW  OF  WEST  VIRGINIA 

Section  22  of  the  School  Law  requires  county  superintendents  to 
apportion  the  State  Fund  among  the  several  districts  of  their  re- 
spective counties  and  to  report  the  same  on  this  form  to  the  Auditor. 

FORM  NO.  XII 

COUNTY    SUPERINTENDENT'S   CERTIFICATE  TO  SECRETARIES  OF  THE 
AMOUNT  OF  STATE  FUND 

OFFICE  OF  COUNTY  SUPERINTENDENT  FREE  SCHOOLS. 

COUNTY,  WEST  VIRGINIA. 

19.. 

To  the  Secretary  of  the  Board  of  Education  of District. 

I  hereby  certify  that  the  amount  of  State  School  Fund  appor- 
tioned to  your  district  for  the  school  year  beginning  on  the  1st  (lav 

of  July,  19. .,  is 

dollars. 

Enumeration  for  19 .  . ,  (corrected)    


County  Superintendent. 

This  amount  will  be  paid  to  the  sheriff  of  the  county  in  two  equal 
installments,  on  September  15th,  and  on  December  15th,  next;  pro- 
vided your  board  levy  for  a  sum,  which,  together  with  the  balance 
on  hand,  funds  from  other  sources,  and  this  State  fund,  will  be 
sufficient  to  pay  for  having  the  schools  of  your  district  taught  for  at, 
least  five  months  in  the  year.  You  will  charge  the  sheriff  with  the 
above  amount  on  account  of  the  teachers'  fund. 

As  soon  as  the  county  superintendent  receives  notice  from  the 
State  Superintendent  of  the  amount  apportioned  to  his  county,  he 
should  apportion  the  amount  among  the  respective  districts  and 
independent  districts,  according  to  the  number  of  younts  between  fi 
and  21  in  each,  ascertained  by  the  last  enumeration,  and  should 
thereupon  notify  the  respective  secretaries  ©n  this  blank  (Form 
18)  without  delay.- 

FORM  NO.  XIII 

ASSESSOR'S    NOTICE    TO    SECRETARIES    OF    VALUATION    OF    PERSONAL 

PROPERTY 

OFFICE  OF  ASSESSOR 

OF COUNTY. 

WEST  VIRGINIA. 

To  the  Secretary  of  the  Board  of  Education  of District: 

The  assessed  valuation  of  the  personal  property  in  your  district 

on  the  first  day  of  January,  19  v,  aggregates  $ 

Given  under  my  hand  the  . .  .* .  day  of ,  19 .  . 

,  Assessor. 

P.  0.  Address,  


SCHOOL  LAW  OF  WEST  VIRGINIA  119 

A  cop}-  of  this  notice  should  be  sent  to  the  secretary  of  eaeh  dis- 
trict at  the  very  earliest  moment  possible,  as  he  must  have  it  on 
the  first  Monday  in  July,  at  the  annual  meeting  of  the  board  of 
education. 

The  assessor  of  every  assessment  district  shall  make  out  and  de- 
liver to  the  secretary  of  the  board  of  education  of  each  district 
and  independent  school  district  in  his  district,  on  or  before  the  first 
day  of  July  in  each  year,  a  certificate  showing  the  aggregate  value  of 
all  personal  property ;  and  the  clerk  of  the  county  court  shall  certify 
to  the  said  secretary  the  aggregate  value  of  all  real  estate  in  such 
district  or  independent  school  district,  which  certificates  shall  serve 
as  a  basis  for  any  levy  that  may  be  made  for  school  purposes  for 
that  year.— (Sec.  43  School  Law.) 

Any  assessor  who  shall  fail  to  make  out  and  deliver  the  certificate 
mentioned  in  the  forty-third  section,  and  any  secretary  of  a  board 
of  education  who  shall  fail  to  make  out  and  deliver  the  certificate 
named  in  this  section,  shall  be  fined  twenty  dollars,  for  the  benefit 
of  the  building  fund  of  the  district.— (Part  of  Sec.  44  School  Law.) 

FORM  NO.  XIV 

COUNTY  CLERK'S  NOTICE  TO  SECRETARIES  OF  ASSESSED  VALUATION  OF 

REAL  ESTATE 

OFFICE  CLERK  COUNTY  COURT 

County,  W.  Va. 

West  Virginia. 

To  the  Secretary  Board  of  Education  of District: 

The  assessed  valuation  of  the  real  estate  in  your  district  on  the 

first  day  of  January,  19 .  . ,  aggregates  $ 

Given  under  my  hand  the day  of ,  19 . . 


Clerk  of  County  Court. 

A  copy  of  this  notice  should  be  sent  to  the  secretary  of  each  dis- 
trict at  the  very  earliest  moment  possible,  as  he  must  have  it  at  the 
annual  meeting  of  the  board  of  education  on  the  first  Monday  ill 
July. 

The  assessor  of  every  assessment  district  shall  make  out  and  de- 
liver to  the  secretary  of  the  board  of  education  of  each  district  and 
independent  school  district  in  his  district,  on  or  before  the  first  day 
of  July  in  each  year,  a  certificate  showing  the  aggregate  value  of 
all  personal  property;  and  the  clerk  of  the  county  court  shall  cer- 
tify to  the  said  secretary  the  aggregate  value  of  all  real  estate  in 
such  district  or  independent  school  district,  which  certificates  shall 
serve  as  a  basis  for  any  levy  that  may  be  made  for  school  purposes 
for  that  year.  (Section  43  School  Law.) 


120  SCHOOL  .LAW  OF  WEST  VIRGINIA 

FORM  XV 

COUNTY  CLERK  *S  NOTICE  TO  SECRETARIES  OF  DELINQUENT  LISTS 

OFFICE  CLERK  COUNTY  COURT 

COUNTY. 

WEST  VIRGINIA. 

To  the  Secretary  Board  of  Education  District: 

The  sheriff  of county  is  entitled  to  credits  for  the 

delinquent  list  (including    property    erroneously    and    improperly 
charged)  for  the  year  ending  June  30, 19. .: 

On  Real  Estate  for  Teachers'  Fund, $ 

On  Personal  Property  for  Teachers '  Fund $ 

Total  for  Teachers'  Fund, $ 

On  Real  Estate  for  Building  Fund, $ 

On  Personal  Property  for  Building  Fund, $ 

Total  for  Building  Fund, $ 

You  will  charge  the  sheriff  with  the  following  amounts,  certified 
by  the  Auditor  as  paid  to  the  sheriff  on  account  of  redemption  of 
delinquent  lands  paid  into  the  treasury  before  sale : 

For  Teachers'  Fund, ......$ 

For  Building  Fund, $ 

Given  under  my  hand  the day  of ,  19 .. 


Clerk  of  County  Court. 

The  said  lists  shall  be  returned  to  the  county  court  before  the  first  day  of  July 
in  every  year,  and  the  list  of  real  estate  shall  be  examined,  corrected  and  allowed 
'by  said  court,  and  a  copy  thereof  certified  to  the  Auditor,  and  another  copy  to  the 
assessor  for  future  use  in  making  out  the  next  land  book.  The  list  of  personal 
property  shall  also  be  examined,  corrected,  and  allowed  by  the  court,  and  the 
amount  thereof  so  allowed,  together  with  the  amount  allowed  of  the  list  of  real 
estate,  shall  be  certified  by  the  clerk  of  said  court  to  the  secretary  of  the  board 
of  education  of  the  proper  district.  The  original  list  shall  be  preserved  by  the 
clerk  of  said  court  in  his  office. — Sec.  48,  School  Laic. 

FORM  NO.  XVI. 

TRUANT  OFFICER'S  NOTICE 

,W,Va,  ,190.. 


M 


Dear 

You  are  hereby  notified  that  the  attendance  of , 

,  and 

being  under  your  control  are  required  to  attend  school  and  according 
to  the  provision's  of  section  lOa,  Chapter  45  of  the  Code  as  revised 
by  the  Legislature  of  1903,  such  attendance  must  commence  within 
five  days  from  receipt  of  this  notice  unless  due  cause  be  shown  why 
such  child  or  children  should  not  attend. 


SCHOOL  LAW  OF  WEST  VIRGINIA  121 

Should  yon  fail  to  comply  with  the  requirements  of  this  law,  you 
will  be  subject  to  a  fine  of  two  dollars  for  the  first  offence  and  five 
dollars  for  each  subsequent  offence. 

Respectfully, 

Truant  Officer, 

District County,  West  Virginia. 

Note. — This  notice  should  be  mailed  where  practicable,  otherwise  it  must  be 
delivered  by  the  truant  officer  in  person  or  sent  by  a  reliable  carrier. 

FORM  NO.  XVII 


Members  Board  of  Education, District, County, 

West  Virginia. 

GENTLEMEN  :    I  hereby  certify  that  I  have  investigated 

cases  under  the  truancy  law  during  the  month  of ,  19 . , , 

of  which  number  were  prosecuted  and  con- 
victed. I  have  mailed  ....  notices,  delivered  in  person  ....  notices 
and  sent  by  other  means  ....  notices. 

In  all  I  have  spent hours*  or days  and  ....  hours 

in  the  discharge  of  my  duties  as  truant  officer. 

Respectfully, 

Truant  Officer, 

District,  . . .  : County,  W.  Va. 

Personally  appeared  before  me, of 

County,  the  said   and,  on  oath,  says  that  the  above 

report  is  true  and  correct,  to  the  best  of  his  knowledge  and  belief. 
Given  under  my  hand  this day  of ,  190 . . 


*  Note.  —Nine  hours  should  be  reckoned  as  constituting  a  day. 

FORM  XO.  XVIII 

TRUANT  OFFICER  'S  STATEMENT  TO  SHERIFF 

,  W.  Va.,     190.. 

M , 

Sheriff  of County, 

;...  W.  Va. 

DEAR  SIR  :    Under  the  provisions  of  Sec.  lOa,  Chap.  45  of  the  Code 

the  following  fines  were  imposed  in district, 

County,  under  my  jurisdiction  during  the  month  of ,  19. .  : 


122 


SCHOOL  LAW  OF  WEST  VIRGINIA 


NAME. 

Address. 

Date. 

Amount  of 
Fine. 

Child  For  Which 
Fined. 

Age  of 
Child. 

$.  .. 

Total 

$  

Respectfully  submitted, 

'. .,  Truant  Officer, 

.  .  District,  . . County.  W.  Va. 


FORM  NO.  XIX 

STATEMENT  OF  APPORTIONMENT  OF   THE   GENERAL  SCHOOL  FUND 

STATE  OF  WEST  VIRGINIA, 

DEPARTMENT  OF  FREE  SCHOOLS. 

Charleston,  June ,  190 . . 

To ,  County  Superintendent, 

,  W.  Va. 

DEAR  SIR  : 

The  following  is  the  amount  of  the  General  School  Fund  appor- 
tioned to  your  county  for  the  year  beginning  July  1,  190.  .,  and  end- 
ing June  30,  190. .: 

Net  amount  apportioned  $ 

County  Superintendent 's  salary $ 

Gross  amount  apportioned $ 

Total  enumeration  of  your  county, 

You  will  please  make  the  apportionment  of  the  above  NET  amount 
among  the  several  districts  of  your  county  at  once  that  the  boards  of 
education  may  have  the  same  in  their  hands  at  their  first  meeting  in 
July. 

Respectfully, 


State  Superintendent  of  Free  Schools. 


SCHOOL,  LAW  OF  WEST  VIRGINIA  123 

FORM  NO.  XX 

SCHOOL  BOOK  BOND 

Know  all  men  ~by  these  presents,  That  we 

,  Principal,  and and 

sureties,  are  held  and  firmly  bound  unto 

the  State  of  West  Virginia,  in  the  sum  of  ten  thousand  ($10,000) 
dollars,  lawful  money  of  the  United  States' of  America,  to  be  paid 
unto  the  said  State,  for  which  payment  well  and  truly  to  be  mado, 
we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly 
and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this day  of , 

in  the  year  one  thousand  eight  hundred  and  ninety 

WHEREAS,  by  a  certain  agreement  in  writing,  bearing  date  on  the 

day  of 190 .  . ,  the  above  bounden 

has  covenanted,  promised  and  agreed  with  the  School  Book 

Board  of County  to  supply  certain  school  text-books 

for  use  in  the  free  schools  of  said  County  and  State,  as  will  in  the 
said  agreement  more  fully  and  at  large  appear:— 

Now,  therefore,  the  condition  of  the  above  obligation  is  such  that 

if  the  said   shall  faithfully,  fully 

and  entirely  do,  perform,  keep  and  observe  the  said  agreement,  and 
every  such  agreement  hereafter  or  heretofore  made  with  any  onther 
School  Book  Board  of  any  other  county  within  this  State,  and  each 
and  every  of  the  covenants,  provisions,  agreements,  terms  and  condi- 
tions on  h  part  to  be  done,  performed,  kept  and  observed,  then 
this  obligation  shall  be  void,  otherwise  to  remain  in  full  force  and 
virtue. 


FORM  XXT 

SCHOOL  TEXT-BOOK  CONTRACT 

THIS  AGREEMENT,  Made  and  entered  in  to  this  ....  day  of 

,  in  the  year  of  our  Lord,  one  thousand  nine  hundred 

and  by  and  between  the  School  Book  Board  of 

County,  State  of  West  Virginia,  under  and  by  authority  of  the  act 
of  the  Legislature  of  said  State  passed  on  the  19th  day  of  February, 
1897,  entitled  "An  Act  to  establish  a  School  Book  Board  in  every 
county  of  the  State  and  to  prescribe  its  duties ;  to  provide  for  the  sale 
of  school  text-books,  and  to  provide  penalties  for  violations  of  this 

•act, "  party  of  the  first  part,  and : Dart  of  the  second 

part: 

WITNESSETH :— THAT,  WHEREAS,  the  said  part      of  the  second 


124    x  SCHOOL  LAW  OF  WEST  VIRGINIA. 

part,  the  publisher  of  certain  text-books  authorized  by  law  to  be  used 
in  the  free  schools  of  said  State  of  West  Virginia,  has  agreed  to  fur- 
nish the  following  text-books  to  every  board  of  education  or  its 
agents,  depositary,  'agent  of  the  party  of  the  first  part  hereto,  or  to 
any  dealer  or  other  person  of  the  county,  to  be  used  in  the  free  schools 

of  said  State  in  the  county  of for  the  term  of  five 

years  from  the  ....  day  of  .  . .  . ._ ,  190.  .,  and  at  the  prices 

hereinafter  specified,  that  is  to  say : 

[Here  state  full  and  accurate  title  of  each  book,  name  of  author,  and  name  of  publisher, 
and  price,  including  prices  agreed  on  for  exchange  for  other  books,  and  for  introduction, 
if  any  such  prices  for  exchange  or  introduction  are  agreed  on.] 


Now,  THEREFORE,    In  consideration  of  the  premises  the  part 
of  the  second  part  hereby  agree    to  furnish,  and  the  party  of  the  first 
part  agrees  to  purchase  at  the  contract  prices  set  opposite  the  title 
to  each  book  set  forth  in  this  agreement  for  the  period  of  five  years, 

from  the   ....   day  of ,  190 . . ,  the  school  text-books 

hereinbefore  described  in  adequate  quantities  and  as  needed  from 
time  to  time  for  the  supply  of  said  schools,  and  in  quality  of  paper, 
typography  and  binding  equal  to  the  sample  copies  furnished  to 

,  County  Superintendent  of  Free  Schools  for  said 

County,  as  provided  in  Chapter  62,  Sec.  8  of  the 

Acts  of  1897. 

It  is  further  stipulated  and  agreed  that  the  said  part  of  the  sec- 
ond part  shall  make  no  changes  in  said  books  used  in  the  free  schools 
of  this  State  during  the  continuance  of  this  contract,  except  as  here- 
inafter provided. 

It  is  further  stipulated  and  agreed  that  the  said  part  of  the 
second  part  shall  print  for  the  information  of  the  County  Superin- 
tendent, Boards  of  Education,  and  for  general  circulation,  'a  com- 
plete schedule  of  the  contract  prices  and  exchange  prices  agreed 
upon,  and  furnish  to  the  County  Superintendent  at  least  as. many 
copies  thereof  as  there  are  school  houses,  and  places,  in  the  said  coun- 
ty of  

It  is  further  stipulated  and  agreed  that  no  charge  shall  be  made 
by  the  second  part  to  the  boards  of  education,  depositaries,  or 
other  persons,  for  the  boxing  and  cartage  of  such  books,  but  said 
books  shall  be  delivered  free  of  charge  in  good  condition  and  prop- 
erly packed  on  board  the  railroad  cars  at in  the  county 

of and  State  of 

It  is  further  stipulated  and  agreed  that  at  the  expiration  of  this 
contract  the  said  part  shall  take  back  all  copies  of  books  that 


SCHOOL  LAW  OF  WEST  VIRGINIA.  125 

may  be  in  the  hands  of  said  boards  of  education,  school  book  boards, 
or  the  agents  of.  either,  and  depositaries,  and  in  good  condition,  and 
refund  the  amount  paid  therefor. 

It  is  further  stipulated  and  agreed  that  if  any  of  the  books  here- 
inbefore named  are  geographies,  the  said  part  of  the  second 
part  may  from  time  to  time  make  such  changes  as  may  be  necessary 
to  cause  such  books  to  conform  to  the  facts  as  to  later  explorations, 
the  changes  in  forms  of  governments  and  political  divisions,  and  the 
discoveries  of  science,  but  such  changes  shall  not  be  made  so  as  to 
alter  the  arrangement  of  the  books. 

It  is  further  agreed  that  all  the  provisions  of  said  act  whether  in- 
corporated in  this  agreement  or  not  shall  be  binding  on  the  parties 
hereto,  and  shall  be  taken,  treated  and  deemed  as  a  part  of  this  agree- 
ment. 

In  Witness  Whereof,  this  agreement  has  been  subscribed  by  the 

said  party  of  the  first  part  by ,  its  President,  and  by 

the  part  of  the  second  part,  this  day  and  year  first  above  written. 

The  School  Book  Board  of County. 

By ,  President. 


SCHOOL  CALENDAR 


JULY. 

1.     School  year  begins. 

Member  of  board  takes  office. 

(Or  before)  Assessor  certifies  value  of  property. 

(Oc  before)   Sheriff  settles  with  Board  of  Education. 

(Before  1st  day  of  July)   Sheriff  reports  delinquent  property. 

1st  Monday.     Board  of  Education  meets. 

(Or  as  soon  thereafter  as  practicable)   Board  of  Education  lays  levies. 

1st  Wednesday.     Presidents  meet  to  appoint  examiners. 

4.     Legal  holiday. 

3rd  Monday.     Trustees  meet  to  employ  teachers. 

20.     (Or  before)  Secretary  reports  rate  of  levy. 

AUGUST. 

1.     (Or  before)   County  Superintendent  makes  report  to  State  Superintendent. 

SEPTEMBER. 

1.     Auditor  reports  condition  of  school  fund  to  State  Superintendent. 
1st  Monday .     Legal  holiday . 

NOVEMBER. 

Last  Thursday.     Thanksgiving  Day.     Legal  holiday. 

DECEMBER. 
25.     Christmas,     Legal  holiday. 

JANUARY. 

1.     New  Year's  Day.     Legal  holiday. 

(Or  before)  State  Superintendent  makes  report  to  Governor. 

FEBRUARY. 

22.    Legal  holiday. 

APRIL. 

1.     (Or  before)  Teachers  make  enumeration. 

15.      (Or  before)   Secretary  transmits  copy  of  enumeration  to  County  Superintend- 
ent. 

MAY. 

1.      (Or  before)  County  Superintendent  forwards  to  State  Superintendent  report  of 

enumeration. 
30.    Legal  holiday. 

JUNE. 
10.      (Or  before)    Auditor  notifies   State   Superintendent  of  amount  of  general   or 

distributable  school  fund. 
30.     Sc&ool    year   ends. 


INDEX 


AGE  PAGE.  SEC.  OPN. 

requirement  of  teachers  36  28a  .... 

limits  for  compulsory  attendance   16  10a  .... 

school   15, 16  10       

classification  of  youth  with  regard  to 25  19  .... 

AGRICULTURAL    EXPERIMENT    STATION 

establishment  of  and  provisions  relating  to 82,  83  86a  .... 

bulletins    issued    by    88  860  .... 

ALCOHOLIC  DRINKS  AND  NARCOTICS 

effects  of  upon  the  human  system,  special  instruction  in.  ...  18  lla  .... 

to  be  taught  as  thoroughly  as  other  branches 18  lla  .... 

penalty  for  failure  to  make  the  provisions  for  instruction  in  18  lla  .... 

teachers  to  be  examined  in 18  lla  .... 

ASSESSOR 

to  certify  value  of  personal  property  to  secretary;  when..  52  43  .... 

penalty  on,  for  failure  to  certify  value  of  personal  property  53  44  .... 
penalty  on,  for  charging  a  greater  amount  of  taxes  than  is 

due 53  44        

fines  against,   how   recovered    53  44  .... 

form  of  delinquent  list  of  personal  property  to  be  used  by.  .  57,  58  47  .... 

to  furnisk  list  of  property  in  sub-district 80  26  .... 

to  register  names  of  deaf  and  blind  persons 93  98a  .... 

AUDITOR 

not  to  pay  State  fund  to  districts  not  making  local  levy 52  42 

delinquent  list  to  be  certified  to 58  48  .... 

to  include  school  taxes  on  real  estate  in  delinquent  list  fur- 
nished sheriff 59  49  

to  deduct  salary  of  State  Superintendent  from  general  ;  school 

fund 73  60  .... 

to  certify  to  State  Superintendent  amount  of  general  school 

fund  for  distribution  73  61  

to  issue  warrant  for  amounts  of  general  school  fund  due 

county-;  when 74  62  .... 

to  report  condition  of  school  fund  to  State  Superintendent; 

when 76  68  122 

is  custodian  of  the  school  fund  securities 78  74  .... 

fees  from  examinations  sent  to   38  28o     

BLUEFIELD  COLORED  INSTITUTE 

Hame.   appropriation   and   provisions   for 1*4, 105  98c  .... 

branches  to  be  taught K05  98c  .... 

BOARD  OF  BALLOT  COMMISSIONERS 

special  provisions  as  to  ticket 9  2  .... 

duties  of  commissioners 10, 11  3  .... 


12^  INDEX 

BOARD  OF  EDUCATION  PAGE.  SEC.  OPX. 

who  constitute   8  2  .... 

time  in  which  members  to  qualify 11  5a 

members  of,  ineligible  to  other  school  offices 8  2  .... 

tie  in  case  of  election  of ,  how  decided 9  2  .... 

presidents  of,  to  elect  county  superintendent  in  case  of  tie.  .  9  2  .... 

application  of,  to  board  of  ballot  commissioners 9  2  .... 

to  submit  question  of  additional  months  of  school;  how..  9, 10  2,  2a  .... 

to   make   required   levies    9  2  .... 

to  require  course  of  study  to  be  carried  out 18  11 

time  of  first  meeting  of  each  school  year 11  6  .... 

members  of,  must  not  be  interested  in  school  contract 47  34  89 

vacancies  in ;  how  filled  and  what  time 11  5  .... 

to  determine  the  number  of  teachers  to  be  employed 12  6  .... 

no    business    to    be    transacted   without   a    quorum    of,    ex- 
cept what 12  6        

compensation  of  members  of   12  6  9 

a  corporation  with  corporate  rights 12  7  .... 

may  receive,  hold  and  dispose  of  what 12  7  .... 

process,  how  served  on    12  7  .... 

have  control  and  supervision  of  schools  in  district 14  9  .... 

may  change  boundaries  of  sub-districts 14  9  .... 

duty  of,  in  case  county  court  change  district  boundaries.  .  14  9  15 

to  cause  school  to  be  kept  in  each  sub-district 15  10  .... 

to  employ  teachers  in  case  trustees  fail  to  do  so 15  10       

to  have  revision  of  acts  of  trustees 19  12  .... 

to  pay  another  district  tuition  for  transferred  pupils 19  12  .... 

may  declare  teacher's  contract  illegal 20  13  .... 

to  furnish  blank  record  book  for  trustees < 24  16        

to  apportion  school  fund  to  colored  pupils  ;  when. 24»  25  18  .... 

to  give  order  to  discontinue  use  of  unauthorized  texts....  71  58  .... 

may  be  compelled  by  mandamus  to  divide  iunds 25  18        

to  require  enumeration  of  school  youth  to  be  made 25  19  50 

charged  with  the  duty  of  moral  training 45  32  .... 

to  provide  suitable  houses  and  grounds 46  34  88 

not  to  be  interested  in  contract  for  building  or  repairing 

house 47  34  89 

judgment  or  decree,  for  money,  against 48  37  .... 

indebtedness  of,  must  be  paid,  how 48  37  .... 

to  determine  the  rate  of  taxation  necessary  for  teachers'  and 

building  funds 52  44  105 

must  not  contract  debt    53  45        

to   require  secretary  to  publish   statement 54  45  .... 

to  make  settlement  with  sheriff 50  46  108 

fine  on  for  refusing  to  make  settlement  with  sheriff 60  52  .... 

members  of  liable  to  fine  for  neglect  of  duty 72  59  .... 

not  to  receive  part  of  school  fund  unless  local  levy  has  been 

laid 7.°,  61 

not  to  pay  for  abstract  of  sheriff's  settlement 57  . .  112 

members  of  not  to  act  as  agents 64  57  120 

to  pay  for  books  and  transportation  out  of  building  fund 70  58  .... 

authorized  to  purchase  books  from  scholar 71  58  .... 

may  provide  free  text  books 71  58ft  .... 

to  enter  order  for  free  books   71,  72  58b  .... 

liable  for  amount  of  books  furnished  depositaries 69  58  .... 

may  remove  depositary   70  58  .... 

to  require  bonds  of  all  contractors 47  34  .... 

BOARD  OF  EXAMINERS 

of   whom   composed    32  27 


INDEX  129 

PAGE.  Sice.  OPN. 

qualiriiutions   of   members   of 32  27  .... 

members   of:    lu>w   nominated,   when   elected,    term ;>2  27     57,58 

compensation  of  members  of 32  27  .... 

members  of.  cannot  issue  certificates  to  each  other 35  .  .  71 

members   of,   may   teach   without   certificate :  .  .  .  34  28  70 

BOARD  OF  THE  SCHOOL  FUND 

fixed  by  constitution 6  4  .... 

of  whom   composed 76  69  .... 

organization    of    76  69  .... 

meetings   of.    where    held . ..  77  70  .... 

to  recover  money  due  school  fund ;  how 77  71  .... 

may   appoint    agents 77  72  .... 

.to  invest    the  school  fund ;  how 77  73  .... 

Auditor  to  be  accountant  of 78  74  .... 

BOM'S 

constitutional    provision    5  8  .... 

publisher's    bond    .' .  68  58  .... 

depositary's   bond    68  58  .... 

to  be  given  by  county  superintendent 62  53  .... 

to   be   given    by    contractors 47  34  .... 

special,   to   be  given   by   sheriff 55  46  .... 

BOOKS 

officers  and  teachers  not  to  act  as  agents  for,  except 7,  64  9,57  120 

price    to    be    fixed 66  58     

notice  to  be  sent  State  Superintendent 66  58  .... 

not  more  than  one  book  changed  except 67  58  .... 

invoices  of  books 69  58  .... 

old    books    to    be    received    in    exchange 71  58  .... 

free   text    71  58&    

secretary  to  have  control  of  free  books 72  586  .... 

teachers  to  distribute  free  books 72  586  .... 

free   text  books   how   purchased 72  586  .... 

BRANCHES  TO   HE   TAUGHTr  IN  THE  PRIMARY  SCHOOLS 

enumeration  of   17  11  20,  31 

BRIBERY 

of  district   school   officers,   how   punished 21  13  .... 

BUILDING  FUND 

maximum   rate   of   levy   for 49  38  94 

for  what  purpose  to  be  used 49  38  96 

from  wrhat  sources  derived 50  39  98 

not  to  be  used  to  pay  debts  against  teacher's  fund 50  39  97 

money  from  sale  of  books  to  be  credited  to 69  58  .... 

books  and   transportation  to  be  paid  owt  of 70  58  .... 

CADETS 

appointment   of    81  82     

to  have  free  books  and  stationery 82  83  .... 

CALENDAR 

of   school    year    126  .... 

CERTIFICATE 

grade  of  to  determine  r-ate  o-f  salary 12  6  .... 


130  INDEX 

PAGE.  SEC.  OPN. 

teachers   must   file   duplicate   of 38  28a 

three    grades    issued 36  28a 

applicant  for  to  be  examined  in  physiology  and  hygiene 18  11  a 

valid  in  any  county  in  the  State 37  28a 

signed  by  State  and  countersigned  by  county  superintendent .  .  37  28a 

good  for  five,  three  and  one  years  respectively 37  28o 

not   to  be   renewed 37  28a 

grades    of    36  28a 

all  grades  of  issued  at  same  examination 36  28a 

(See,  also,  State  Certificate.) 

CHANGES  IN   SUB-DISTRICT 

by  whom  and  when  made 14,  15  9 

appeal   to  county   superintendent   concerning 15  9      .... 

CLERK  OF   COUNTY   COURT 

to  call  meeting  to  elect  county  superintendent  in  case  of  tie  9  2      .... 

to  call  meeting  to  fill  vacancy 62  53 

to  give  notice  of  such  meeting 9  o 

to  certify  valuation  of  real  estate  to  secretary  ;  when 52  43      .... 

to   certify  delinquent   taxes 56  46       112 

to  certify  delinquent  list  to  secretary 59  48       113 

to  place  delinquent  list  of  personal  property  in  hands  of  sheriff  59  51      .... 

to  keep  record  of  settlement  with  sheriff 59  52      .... 

to  transmit  to  State  Superintendent  abstract  of  annual  settle- 
ment   60     52      

to  certify  to  State  Superintendent  name  of  county  superinten- 
dent      62  53      .... 

levies  for  school  purposes  to  be  reported  to 6  7     .... 

COLORED  SCHOOLS 

trustees  to  establish,   when 24  17         39 

to  receive  proportion  of  district  funds • 25     18     

trustees   to   make   report   of    20  20         42 

)  7  8 

white  children  not  to  attend )  24     17     

)  94  986 

secretary    to   make    report   of 27  21      .... 

training  of  teachers  of 88     96      

COMMISSIONER 

when  elected,  term  and  commencement 8  2           1 

of    election,    duties 10  3     .... 

COMPENSATION 

of   truant   officers 17  10a 

of  institute  instructors 43  30     .... 

COMPULSORY  ATTENDANCE 

non-attendance,    what    constitutes 16     10a 

truant   officers    16  10a   .... 

exemption    from    16  10a   .... 

fines  for  non-attendance 16  10a  .... 

teachers  and  principals  to  report 17     10a 

law  applies  to  all  districts 17  1 0«       18 

CONTRACTS 

form  of  contract  between  teacher  and  trustees 115     

school  officers  not  to  be  interested  in  contracts  for  buildings . .  46  34         89 

form   of  contract  with   publishers 67  58     .... 


INDEX  131 


CONTRACTORS 

PAGE. 

SEC. 

OPN. 

bonds    of    

47 

34 

.... 

security  to  be  given  bv  

47 

34 



COUNTY    COURT 

to  pass  upon  special  bond  %  

55 

46 

delinquent  list  to  be  returned  to  •  

58 

48 

to  certifv  delinquent  list  to  assessor  

58 

48 

.... 

to  make  settlement  with  sheriff  or  collector  

50 

46 

.... 

COUNTY    SUPERINTENDENT 

constitutional   provision   concerning  

5 

3 

.... 

qualifications  of  

60 

53 

.... 

election  of,  length  and  commencement  of  term  of  

8 

2 

..... 

who  to  be  elected  in  case  of  tie  

9 

2 

salary  of,  how  paid  

60,61 

53 

117 

salary  for  last   quarter  not  to  be  paid  till  report  is  made.... 

61 

53 

114 

bond  of   *  

62 

53 

.... 

to  notifv   State  Superintendent  of  his  election 

0 

o 

to  visit  all  schools  in  his  county  vearly  

62 

54 

77 

forfeit  for  failure  to  visit  schools  

61 

53 

to  acquaint  himself  with  the  schools  of  his  county  

63 

54 

.... 

to   acquaint   himself  with   school   house   architecture  

47 

35 

92 

to  cast  vote  in  case  of  a  tie  vote  for  member  of  board  of  edu- 

cation     

9 

2 

vacancv   in  office  of,   how  filled  

62 

53 

.... 

to  pay  salary  of  secretary  of  board  of  education  

14 

8 

.... 

-rtify  to  State  Superintendent  value  of  property,  rates  of 

levy    

14 

8 

appeal  to.  regarding  district  boundaries  

15 

9 

17 

action  of.  in  case  of  appeal  regarding  sub-district  boundaries 

15 

9 

.... 

fiction  of.  when  enumeration  of  youths  has  not  been  received 

26 

19 

.... 

to  certify  enumeration  of  youth   to  State  Superintendent.... 

26 

19 

.... 

to  make  annual  report  to  State  Superintendent  

28 

22 

46 

t  .   nominate  members  of  board  of  examiners  

32 

27  { 

52,  63 

to    collect    examination    fees  ;  

38 

28o 

.... 

to  remit  balance  of  fees  to  Auditor  

38 

28a 

.... 

to   send    manuscripts   sealed  

36 

28a 

to    countersign    certificate     

37 

28a 

to    name    place    of    examination  

35 

28a 

to  forward  to  Auditor  institute  fees  

43 

30 

.... 

to  advise  State  Superintendent  regarding  county  institutes.  .  .  . 

43 

30 

.... 

t"  determine  location  of  school  houses,  when  

46 

34  < 

)0,  91 

to  approve   plans   of  new   school   houses  

47 

35 

92 

to    advise    beards     regarding    school     houses,    furniture,     and 

fixtures   

63 

54 

.... 

to  aid  teachers  in   improving  themselves  

63 

55 

.... 

to   encourage  and   aid   institute   work  

63 

r>  ~> 

.... 

to  join   in  union  institutes                                                

63 

55 

to  conform  to  the  instructions  of  the  State  Superintendent.  . 

6.°, 

55 

to   distribute   school    supplies   for   his   county  

63 

55 

.... 

63 

56 

119 

to   report  districts  that  hare  failed  to  make  levy  

64 

56 

.... 

to    report    to    Auditor   districts   roting   down    leyy  

52 

42 

104 

to  record  his  proceedings  in   a   well-bound  book  

64 

56 

to  apportion  the  general  school  fund  among  districts  

73 

61 

to  issue  requisition  for  amouut  of  school  fund  due  districts.  . 

74 

62 

121 

to  give  consent  to  sale  of  property  

45 

33 

to  call   meetings  of  countr   book  Uoards  

66 

58 

.... 

132  INDEX 

COURSE    OF   PROFESSIONAL    STUDY                                                      PAGE.  SEC.  OPN. 

to   be  prescribed   by    State    Superintendent 43  :^»  .... 

what  to  embrace   43  30 

teachers   to   be   examined   in 44  30  .... 

COURSE    OF    STUDY 

State    Superintendent    to    prescribe    few    county    and    village 

schools 17  11  2- 

order   and   arrangement   of 18  11  .... 

county  superintendent  to  enforce  uniformity 63  54  .... 

DEPOSITARIES 

board  may  appoint   .... 

to  execute  bond  >^  58  .... 

depositary's   commission    r.  <">!'  5s  .... 

to  mak-e  out  list  of  text  books  needed 08  58  .... 

to   receive  books   in   exchange 71  58  .... 

to   make   payments    to    sheriff 60  58  .... 

board   may    remove 70  58  .... 

to   turn   over  superseded   books   to  beard 71  58  .... 

DIRECTORS 

of  joint   high .  school 30  25  .... 

report    of    i'.n  26  .... 

DISTURBANCES 

penalties  for.  of  schools,   societies,  etc 23     15a-15b  .... 

ELECTION 

of  county   superintendent 

of  president   and   commissioners 

when  to  be  held 8  2  .... 

ballots,  what  to  be  written  or  printed  thereon. . .  . 0  2  .... 

special,  when  and  for  what  purpose. 

days,   holidays    108  

vote  upon  the  question  of  a  high  school 20  24  .... 

vote  upon  question  of  increased  levy  for  graded  school 31  26  52.  53 

vote  upon  question  of  longer  term 51  41 

officers,  liability  of 10  3  .... 

special  for  school  purposes 10  2a  .... 

ENROLLMENT  FEE 

institute    ! 43  30      

ENUMERATION    OF    YOUTH 

how,  when,  and  by  whom  to  be  taken 25  10  .... 

how  to  be  taken  in  districts  from  which  there  have  been  trans- 
fers     -i 10  12  .... 

penalty   for   not   taking 25  10 

secretary  to  keep  record  of 25  10  .... 

county  superintendent  to  report  to   State   Superintendent....  26  10  .... 

in   two   classes 25  10  .... 

EXAMINATION  OF   TEACHERS 

in   what   branches 34  28      

in  what  branches 40  20a  .... 

in  what  branches 36  28a 

when   and  wbere 35  28a  84 

general  regulation  and  control  vested  in  State  Superintendent         35  28a  .... 

penaltie«  for   cheating  in 37  28«  .... 

(See  also  State  Beard  of  Examiners.) 


INDEX  133 

PAGE.  SEC.  OPN. 

for   failure    to    comply   with    compulsory    attendance   law.  ...  16  10a       18 

to  be   remitted   to  sheriff 17  lOa    .... 

for  tampering  with   examination   questions 37  28a    .... 

for  failure  to  teach  nature  of  alcoholic  drinks 18  lla   .... 

against  school  officers  for  being  interested  in  contracts 47  34      .... 

against    assessors,    how    recovered 53  44      .... 

against  assessors  for  overcharges  of  taxes 53  44      .... 

against  assessor  for  failure  to  deliver  certificate 53  44      .... 

against  members  of  board  for  failing  to  make  settlement.  . .  .  00  52      .... 

against  sheriff  for  failure  to  make  settlement GO  52      .... 

for  using  unauthorized  text  books 71  58      .... 

for  violating  county  text  book  law 71  58      .... 

against  members  of  school  board  for  neglect  of  duty 72  50      .... 

for    molesting    or    disturbing    schools 22  15&  15& .... 

FIRES 

trustees    required   to    provide    for    building 45  32          85 

maximum   to  be   paid  for   building 45  32      .... 

ELAGS 

may  be  bought 108      

trustees  to  cause   teachers   to   keep  displayed 108      

FORFEITS 

by  teachers  who  use  unauthorized  text-books 71  58      .... 

for  failure   to   return   term    register 42  30      .... 

for   failure    to   visit   schools 61  53      .... 

FORMS 

of   delinquent   list    58  47      .... 

of  county   superintendent's   requisition 74  62      .... 

of  assessors'  delinquent  list  of  personal   property 58  47      .... 

cf  county  clerk's  delinquent  list  of  real  estate 58  47      .... 

of  record  to  be  entered  by  board  of  education 110  &c 

of   appointment   of   trustees Ill      

of  order  to  fill  vacancy  in  board  of  trustees 112      

of  order  to  fill   vacancy  in  board  of  education 112      

of   oath    of   office 112      

for  sheriff's  annual  settlement 113      

for  call  for  special  meeting 113      

for  transfers   of  pupils 114      

of   contract   between   trustees   and   teacher 115      

of  county  superintendent's  certificate  to  Auditor 117      

of  county  superintendent's  certificate  to  secretaries ,  116     

of  county  superintendent's  certificate  of  State  fund 118     

of  assessor's  notice  of  valuation  of  personal  property. 118     

of  county  clerk's  notice  of  assessed  valuation  of  real  estate. .  119      

of  county  clerk's  notice  of  delinquent  lists 120      

of  secretary's  notice  of  rate  of  levies 118      

of  truant  officer's  notice 120      

FREE    SCHOOLS 

duty    of    legislature    concerning 5. 6  1-5      .... 

levies  for.  to  be  reported  to  clerk  of  county  court 6  7      .... 

)  7  8 

white  and  colored  persons  not  to  attend  same  school )  24  17      .... 

)  94  !)8b 

•  as  connected  with  not  to  be  interested  in  sale  of  books.  .  7.  649.57       120 

persons  above  twenty-one  years  of  age  may  attend;  when.  ...  16  10         19 

may  be  discontinued,  under  the  thirty-five  per  cent.   rule....  20  13      .... 

penalty   for   molesting   or  disturbing 23.  15&,  156.  . . . 


134  INDEX 

FREE  TEXT-BOOKS                                                                                         PAGE.  SEC.  OPN. 

boards    may    purchase.  ....................................  71  58b    .... 

to  be  kept  by  secretary  .....................  ..............  71  58ft    .... 

control  and  care  of  ..................................  ......    -     72  5S&    .... 

FURNITURE,   FIXTURES,   AND  APPARATUS 

to  be  provided  by  the  board  of  education  ....................  46  34      .... 

to  be  kept  in  good  order  and  repair  ........................  46  34      .... 

GENERAL  SCHOOL  FUND 

from  what  source  derived  ..................................  72  60      .... 

how   and    when    distributed  ................................  73  60      .... 

amount  of,  for  distribution  to  be  certified  to  State  Superinten- 

dent   ...............................................  73  61      ____ 

GOVERNOR 

to  appoint  regents  of  the  University  .......................  70  78      .... 

to  fill  vacancies  in  board  of  regents  of  University  ............  80  78      .... 

to  appoint  regents  of  Normal   Schools  ......................  84  87      .... 

to  appoint  regents  of  Schools  for  Deaf  and  Blind  ............  89  98a   .... 

to  appoint  directors  of  Reform   School  ......................  97  98c   .... 

to  fill  vacancies  in  board  of  directors  of  Reform  School  ......  97  98c    .... 

to  appoint  regents  of  Bluefield  Colored  Institute  ............  104  ...... 

to  appoint  regents  of  West  Virginia   Colored   Institute  ......  95  98b    ---- 

GRADED   SCHOOLS 

may   be    established,    how  ..................................  31  26  52,  53 

how   term    may    be   extended    in  ...................  .........  31  26  54,  55 

HIGH    SCHOOL 

may    be    established  ;    how  ................................    29,  30  24,  25         51 

to   be    discontinued  ;    when  ....  .............................  20  13      .... 

additional    levy    for  .......................................  29  24      .... 

joint   high    school  .........................................  30  25      ---- 

directors   of  joint   high    school  ............  ..................  30  25      .... 

care  and  direction  of  joint  high  school  .....................  30  26      .... 

report  of  directors  of  joint  high  school  .....................  30  26      ---- 

' 

HOLIDAYS 

days  om  which  school  is  not  to  be  kept  ......................  45  31 

election    days    ............................................  108  .. 

designated    ..................  .  ----  .  .......................  108  ...... 


INDEBTEDNESS 

constitutional  .  provisions   concerning  ........................  5       8 

against  teacher's  fund  ;  how  paid  ..........................          51      40       "1  03 

INDEPENDENT   SCHOOL  DISTRICTS 

constitutional    provision     concerning  ........................ 

compensation    of    members    of    board  ...................... 

not  to  receive  part  of  State  fund  unless  levy  has  been  made.  .          25     42      ... 

INSTITUTES 

for  what  purpose   established  .............................. 

how,  when,  and  where  to  be  held  ..........................  43  30  75 

to    be    instructed    by    whom  ................................  43  30  ---- 

compensation    of    instructor    of  ............................  43  30  .... 

State  appropriation  for   ...................................  44  30  .... 

course    of    work    for  ......................................    43,44  30  ---- 

teachers  failing  to  attend  not  entitled  to  teach  ..............  44  30  .... 

excuse  for  non-attendance   at  ..................  ............  45  30  82 


INDEX  135 

P.YGR.   Si<:c.  OPN. 

district    institutes    ........................................  61      .13      .... 

pay  for  attending  district  institutes  .....................  ...  61      .13      .... 

pay   for  attending  county    institutes  .........................  43     30      .... 

IRREI»n'[BLE  SCHOOL  FUND 

Permanent  School  Fund.) 

JUSTICES 

to   remit  fines   to  sheriffs  ..................................  17     1<u/    .... 


KEYSER  PREPARATORY  BRANCH 

Preparatory  Branch   of  the   University.) 

KINDERGARTEN   SCHOOLS 
may    be    established 
teachers   in 


LANDS  FOR  S<  HuoL  PURPOSES 

boards    of    education    to    purchase  ..........................  40  34  .... 

how    to    be    condemned  ....................................  48  36  93 

how    may    be    sold  ........................................  46  33  86 

exempt  from   taxes  ........................................  48  37  .... 

exempt  from  execution  or  other  process  ....................  48  37  .... 

LEGISLATURE 

shall   encourage  moral  and  educational  improvement  ........  7  12  .... 

must   make   suitable   provision   for  whom  ...................  7  12  .... 

LEVY 

for   joint   high   school  .....................................  3"ft  25  ---- 

ballots  for  question  of  school  levy  ..........................  0  2  .... 

how  long  to  continue  after  election  ........................  0  2  .... 

special,  may  'be  made  .......................................  50  40  100 

for  building  fund    ........................................  49  38  ---- 

^  for   support    of   schools  ....................................  50  40  .... 

special    for   indebtedness    ..................................  50  40  .... 

necessary  to  get  State  fund  ................................  52  42  114 

assessor's  certificate,  basis   of  ..............................  52  43  .... 

special    elections   for  ....................  .  .................  10  2a  ---- 

LIENS 

on  real   estate  for  district  levies  ............................  59  50  .... 

MAGISTERIAL  DISTRICT 

constitutional    provision    for    ..............................  3  27  .... 

to    be    school    districts  .....................................  8  1  ____ 

to  be  divided  into  sub-districts  ...............................  8  1  .... 

not  to  receive  part  of  State  fund  unless  levy  has  been  made  52  42  114 

NON-ATTENDANCE 

what    constitutes     ........................................  16  1  0a  ____ 

fine    for    .................................................  16  lOa  ____ 

teachers    and    principals    to    report  ..........................  16  10a  .... 

NORMAL  SCHOOL 

(See  State  Normal  Schools.) 

OATH   OF   OFFICE 

required   by  constitution  ...................................  .".  5  .... 

time   in  which   to   take  ....................................  11  5o  .... 

secretary   of   board   may   administer  ................  ........  14  8  .... 


136  INDEX 

OFFICERS  PAGE.   SEC.   OPX. 

may  be  removed  for  what 3       6 

subject   to   indictment   for  what 4       4 

fine,  for,  when  other  penalty  is  not  fixed 75     59      .... 

truant    1 «  1  Ua      

ORDER   OF   BUSINESS 

for  meeting  of  board  of  education 100,  110      


PERMANENT   SCHOOL  FUND 

constitutional   provision    relating   to 

report  of  condition  of,  to  be  made  to  State  superintendent..  7»>     08      .... 

board  of,  of  whom   composed 7 » >     09      .... 

Auditor  to  ascertain  what  sums  have  accrued 

how    to    be   invested 77.79     73      .... 

stocks   transferred    to    77   73r/      .... 

PREPARATORY  BRANCH   OF  THE   UNIVERSITY 

(At  Montgomery-) 

appropriations  for  and  regents  of 1 02    ... 

power  of  regents,  property,  and  general  provisions H»3    

(At  Keyser.) 

name    1  on    

appropriations    for    .' .     I'M! 

board  of  regents,  etc 1  «><>.    1 07    .... 

PRESIDENT  OF  BOARD  OF   EDUCATION 

when  elected,   length  of  term   and  commencement 

to  sign  orders   upon  the  sheriff 12  0      .... 

vacancy   in    office,    how    filled 11  5 

to  elect  board  of  examiners 32  27  57.  63 

to  visit  school   houses   and  make   report 45 

to  fill  vacancy  in  office  of  county  superintendent 02  53 

cannot  be  a  member  of  the  board  of  exaTniners 33  .  .          64 

to  sign  list  of  books  needed 08  58      .... 

PRIMARY  .SCHOOLS 

branches    to    be    tanght    in 

PROFESSIONAL  STUDY,  COURSE  OF 

(See  course  of  professional  study.) 

PROSECUTING  ATTORNEY 

duty  in  case  sheriff  fails   to   make  settlement 00     52 

to  instruct  boards  of  education 48     30         93 

PUBLISHERS 

who  fail   to  fulfill   contract 07     58 

to  give  bond  on  county  contract OS     58      .... 

to  send  books  promptly    

to  make  out  two  bills  of  books 60.  72     58      .... 

PUPILS 

must  attend  school  twenty  weeks 1 6  1  Oa      .... 

to  replace  free  books  injured  or  destroyed  by  them 72     5SZ>    .... 

legal    age    of    16     10      

may  be  expelled  or  suspended   20     13      .... 

pay 10     10     . 

QUORUM 

of   trustees    _. 

of  school  book  board - 65     58      .... 


INDEX 


137 


REGENTS 


PAGE.  SEC.  OPN. 


of  the  University  ;  when  and  how  appointed 79  78  .... 

expenses    of   University    regents 82  84  .... 

of  State  Normal   School    84  87  .... 

of  the  Preparatory  Branch  of  the  University  at  Montgomery  103  98  .... 

of  Keyser  Preparatory  Branch  of  the  University 106  

of  West   Virginia   Colored   Institute 95  98b  .... 

of   West   Virginia    Schools    for   Deaf   and   Blind 89  98a      

of   Bluefield    Colored    Institute 104  98      

of  West  Virginia   Reform    School 97  98c  .... 

REGISTERS 

term   and  daily    42  30      

to  be  returned 42  30  .... 

penalty   for   failure   to    return *42  30  .... 

relationship  exclusion   laws 20  13  .... 

REPORTS 

trustees'    26  20      

secretary's 26  21  .... 

county  superintendent's,  of  enumeration '.  .  .  .  26  19  47 

county  superintendent's,  to  State  Superintendent 28  22  46 

of  principals   of  normal   school    87  95  .... 

of  teachers  and  principal,  of  truants 17  10a   .... 

of^  institute    43  30      

SALARY 

of  teachers  fixed  by  board  of  education 12  6  .... 

to  be  fixed  according  to  grade  of  certificate 12  6  .... 

minimum   to   be   paid   teachers 12  6  .... 

of  truant  officers 17  10a  .... 

institute   instructors    43  30  .... 

SCHOOL  AGE 

and  who  may  have  school  privifeges .16  10  .... 

SCHOOL  BOOK  BOARD 

county,   general  provisions  in   regard  to 64  58     

members  of.   how  appointed.   &c 65  58  .... 

quorum   of  county    65  58  .... 

first  meeting  of,  when    65  58  .... 

to  secure  terms  and  fix  retail  price   66  58  .... 

not  to  change  more  than  one  book  or  series  in  one  year  except  67  58  .... 

to  meet  three  months  before  county  contract  expires 66  58  .... 

not  to  change  more  than  one  book  or  series  in  one  year  except 

dealers  to  get  same  prices  as  boards 67  58  .... 

SCHOOLS 

may  be  discontinued,   when . 20  13  .... 

separate  for  colored  pupils 24  17  .... 

SCHOOL  FUND 

(See  Permanent  school  fund  and  General   school  fund.) 

SCHOOL  HOUSES 

to  be  provided  by  board  of  education 46  34  .... 

how  to  be  located 46  34  90,  91 

for   union   schools :    how    provided 46  34  87 

plan  to  be  approved  by  county  superintendent 47  3n  .... 

how  sold  at  public  auction - 46  33  86 

proceeds  of  sale  of  school  property 46  33  .... 

how  school  property  may  be  reconveyed  to  grantor 46  33  .... 

title  to  property,  on  which  are  located 41  34  88 


138  INDEX 

SCHOOL  MONTH                                                                                           PAGE.  SEC.  OPN. 

to  consist  of  twenty  days  not  including  Saturday *      42  .  30  .... 

SCHOOL  OFFICERS 

teachers  are    14  ..  12 

not   to  act  as  agents 64  57  120 

not  to  act  as  agents . 68  58  .... 

SCHOOL  TERM 

increase   in    length    of 9  2  .... 

increase  in   length   of    ./ 10  2G  .... 

minimum    length   of 50  40  100 

SCHOOL  YEAR 

to  commence  and  to  end  ;  when 28  23  .... 

all  settlements  to  be  made  with  respect  to 28  23  48,  50 

calendar  of   126  

SECRETARY  OF  BOARD  OF  EDUCATION 

appointment  of 13  8  .... 

to  give  notice  of  special  election 9  2  .... 

to  sign  orders  on   sheriff 32  6  .... 

official  records  to  be  kept  by 13  8  .... 

to  be  custodian  of  records  for  the  board 13  8  .... 

to  publish  abstracts  of  proceedings  ;  when 13  8  .... 

to  certify  value  of  property,  rate  and  amount  of  levy........  27  21  45 

to  keep  record  of  enumeration  and  to  certify  to 25  19  40 

to  make  report  of  colored  schools 26  20  .... 

to  file  teachers'  term  register 42  30  76 

to  publish  statement  when  expenditures  equal  $3,000 54  45  106 

compensation  of . . .  „ 14  8  .... 

secretary's   remuneration   for   report 27  21  116 

no  additional  compensation 55  .  .  108 

report  of,  to  county  superintendent 27  21  .... 

to  sign  depositary's  list  of  books  and  send  to  publishers 68  58  '  . . . . 

to"  have  charge  of  free  text  books  and  deliver  same  to  teachers  72  58b  .... 

remuneration  for  handling  free  text  books 72  58&  .... 

SECRETARY  OF  COUNTY  SCHOOL  BOOK  BOARD 

county  superintendent  to  be 64  58  .... 

to  keep  record  of  business 65  58  .... 

to  keep  record  of  votes 65  58  .... 

to  report  to  State  Superintendent 66  58      

to  furnish  State  Superintendent  with  names  of  publishers ....  67  58  .... 

SHERIFF 

to  receive,  collect  and  disburse  school  moneys 55  46109,110 

required  to  give  special  bond  ;  when 55  46  .... 

to  collect  levies  of  board  of  education 53  44  .... 

to  pay  teachers  monthly 42  30  .... 

to  serve  notice  on  members  of  board  of  education 9  2  .... 

annual  settlement  of,  with  county  court 6  7  .... 

to  keep  account  with  the  several  boards  of  education 55  46  .... 

settlement  of,  with  board  of  education 55  46  108 

to  be  credited  with  delinquent  taxes 56  46     

to  be  credited  with  all  vouchers  in  hand 56  46      

not  to  receive  pay  for  disbursing  State  school  fund 56  46      

commission  of,  for  receiving  and  disbursing  railroad  taxes. ...  56  46  .... 

judgment  against,  may  be  obtained  ;  how 56  46  .... 

may  be  required  to  endorse  school  order 57  46  .... 

to  return  delinquent  lists 58  47     


INDEX  139 

PAGE.  SKC.  OrN. 

form  of  oath  of,  to  delinquent  lists 5S     47  .... 

to  receive  delinquent  list  of  personal  property 5!)     51  .... 

commission  of,  for  collecting  district  levies .'.it     52  .... 

liable  if  he  refuse  to  pay  orders 70     58  .... 

to  make  annual  settlement  with  county  court .  .      52  .... 

duty  of,  on  making  final  settlement 60     52  .... 

to  give  duplicate  receipts  to  depositaries 69     58  .... 

to  receive  portion  of  general  school  fund 74     62  .... 

truant  officers   to   report  to 17  10o  .... 

STATE   P.oAIJD  OF  EXAMINERS 

of  whom  to  consist :  how  appointed  and  term 40  29a  .... 

meetings  and  stated  examinations 40  i!V?  .  .  .  . 

vacancies,  how  filled   40  29a  .... 

compensation  and  traveling  expenses  of  members  of 41  29a  .... 

certified  account  of,  to  State  Superintendent  of  Free  Schools.  .  4.1   20«  .... 

record  of  proceedings  of 41   29a  .... 

STATE  CERTIFICATES 

classes  of,  to  whom  issued *. 40  29a  74 

how  issued  to  graduates 40  29a  74 

to  be  countersigned  by  State  Superintendent 41  29a  .... 

valid  in  any  school  district 41  29o  .... 

fees  for  41   29a      

STATE   NORMAL   SCHOOL  AND   ITS   BRANCHES 

establishment  of  84     87  .... 

regents  of,  how  appointed ;  duties 84     87      

executive  committee  of,  how  appointed ;  duties 86     89  .... 

branch  of,  at  Fairmont,  established 86     90  .... 

branch  of,  at  West  Liberty,  established 86     91  .... 

branch  of,  at  Glenville,  established 86     92      

branch  of.  at  Shepherdstown,  established 87     93      

branch    of,    at    Concord,    established 87     94  .... 

reports  of  principals  of,  to  president  of  regents .  87     95      

students  admitted,  &c 88,  96,97  126 

no  more  appropriations  for  establishing  new  branches  of....  7     11  .... 

unearned  portion  of  appropriation  for 88     07  .... 

dealing  with  students  of 88,  99     98  .... 

STATE  SUPERINTENDENT  OF  FREE  SCHOOLS 

constitutional   provisions  relating  to 5  -     2  .... 

qualifications   of    74     63  .... 

expenses,  limit  of   5,  74  2.  63  .... 

to   have  general   regulation  and  control   of  uniform   examina- 
tions      35  28a  .... 

may  revoke  certificates 36  28a  .... 

to  prescribe  manual  and  graded  course  of  study 17     11  .... 

to  prescribe  and  furnish  blanks  for  taking  enumeration 26     19  .... 

to   countersign    State   certificates 41   29a  .... 

to  prescribe  form  of  registers 42     30  .... 

to  fix  place  of  holding  institutes 43     30      

to  employ  institute  instructors 43     30      

to  prescribe  graded  course  of  institute  work 43     30  .... 

to  draw  warrant  upon    Auditor    for    courfty    superintendents' 

salary    / 55      53      

to  ascertain  amounts  of  general  school  fund  by  counties 73     61  .... 

salary  of ;  how  paid   74     63 


140  INDEX 

PAGE.  SEC.  OPN. 

office  of,  to  be  kept  at  seat  of  government 75  64  .... 

to  sign  requisitions  on  Auditor 75  <>4  .... 

to  have  supervision  of  county  superintendents 75  65  .... 

to  prescribe  and  prepare  all  forms  and  blanks 75  65  .... 

to  publish  and  distribute  school  laws 75  65  .... 

to  correspond  with  educators  and  school   officers 76  66  .... 

to  make  report  to  the  Governor 76  67  .... 

a  member  of  the  board  of  the  school  fund 76  60  .... 

member  of  board  of  regents  Bluefield  Colored  Institute 05  OSfr  .... 

member  of  board  of  regents  of  State  Normal *4  St~  .... 

member  of  board   of  regents  Montgomery   Branch   of  W.    Va. 

University   '. 103  

member  board  of  regents  Keyser  Branch  W.  Va.  University.  . .  106  

to  prepare  diplomas  for  the  normal   schools S5  ss  .... 

to  notify  county  superintendents  of  failure  of  publishers....  67  080  .... 

STATE   TAX 

(See  Taxation.) 

STUDENTS 

giving  credit  to,  prohibited 88  08  .... 

SUB-DISTRICTS 

change  in   14  0  .... 

appeal  from  decision  of  board  regarding  boundaries  of 15  0  .... 

TAX 

capitation,  how  appropriated   4  2  .... 

capitation,  exemption  from 

State,  rate  of 72  60  ... 

school  orders  to  be  received  in  payment  of 57  .  .  Ill 

TAXATION 

maximum  rate  of,  by  county 

power  of  legislature  in   4  5  .... 

TEACHERS 

schools  must  be  provided  with 15  10  .... 

required  to  pass  examination  in  certain  branches 36,30  28a.20 

form  of  contract  between  trustees  and 115  

may  be  removed  for  what 20  13  .... 

how  to  be  paid   .  : 42  30  81 

to  keep  daily  register   42  30 

to  keep  term  register   42  30  76 

to  make  monthly  reports  to  secretary  of  board 42  30  76 

to  take  enumeration  of  school  youth 25  10  .... 

charged  with  duty  of  msral  training 45  32  .... 

exempt  from  certain  duties 25  10 

exempt,  from  institute  attendance,  when 

to  be  examined  in  physiology  and  hygiene 18  lla  ... 

are  school  officers   14  8  11 

substitutes  for 35  28  63 

not  to  act  as  agents 64  57  120 

liable  for  using  imauthorized  text-books 71  58  .... 

failing  to  attend  institute  not  to  be  employed  or  examined.  ...  45  30  83 

colored,  training  of 88  06      

fine  for  violation  of  law  by,  when  other  penalty  is  not  fixed.  .  72  50  .  . .  . 


INDEX 


141 


penalty  for  failing  to  attend  institute, 

pay  for  attending  institute   

pay  for  attending  district  institute. . . 
to  display  flag   


PAGE.  SEC.  OPN. 

44  30  82 

48  30      

«1  53      

108 


TEACHER'S   CERTIFICATE 

(See  (Vi-tifieatos.) 

TEACHER'S    CONTRACT 

form  of,  to  l>e  furnished  by  State  Superintendent. 2<'>  13  .... 

with  whom  to  be  filed   20  13  .... 

certain  persons  excluded  from  contracting 20  13  30 

TEACHERS    FUND 

annual  levy  for   50  40  .... 

maximum    rate   of    levy    for ">"  40  100 

used  only  to  pay  teachers  salary   50  40  103 

board  compelled  to  lay  levy  for . 50  40  .... 

special  levy  for,  when  to  be  made 50  40  100,103 

TEACHERS'    INSTI'lTTE 
iSc«'  Institute.) 

TERM,   SCHOOL 

increase  in  length  of 9  2  .... 

increase  in  length  of 10  2a  ^. .  . 

minimum  length  of  50  40  100 

trustees  may  order  to  begin  any  month 52  41  .... 

TEXT   BOOKS 

free,  by  board  ef  education 71  58b  .... 

provisions  of  county  adoption  law  for 68  58  .... 

an  optional  text  book   108  

teacher  liable  for  using  unauthorized 71  58  .... 

TITLE 

to  joint  property    I  46  34      

to  lands  donated 48  37 a  .... 

TRANSFER   OF   PUPILS 

can  be  made ;  when    19  12  .... 

for  what  reason 10  .  .  23-26 

TRUSTEES 

time  in  which  to  qualify 11  5a  5 

when  appointed  and  length  of  term 11  4  .... 

quorum  of   23  16  .... 

to  be  under  supervision  and  control  of  board  of  education.  ...  19  12  .... 

action  of.  subject  to  revision  by  board,  when 19  12  .... 

removal  of,  from  office,  how    20  13  .... 

vacancies  in  office,  how  filled 11  5  .... 

have  charge  of  school    19  13  .... 

may  remove  teacher  for  what 20  13  .... 

cannot  change  teacher's  salary  as  fixed 12  6  .... 

may  exclude  whom  from  school   19  13  .... 

may  suspend  or  expel  pupils  for  what 20  13  .... 

action  of  expulsion  may  be  reviewed  by  board  of  education.  . .  20  13  .... 

may  discontinue  school,  when    20  

to  risit  schools  under  their  charge;  when 21  14  31 

duties  of,  when  visiting  schools 21  14  32 


142 


INDEX 


PAGE.   SEC.  OPN. 

to  offer  suggestions  to  teachers 21     14  .... 

duty  of,  regarding  school  houses 22     15  .... 

may  sue  in  name  of  board  of  education 22     15  .... 

may  permit  school  houses  to  be  used  for  what 22     15  33-37 

to  furnish  boards  of  education  with  estimate  of  improvements  22     15  .... 

to  keep  account  of  all  expenses  incured  by  them 23     16  38 

may  purchase  what 23     16  38 

how  bills  contracted  by,  are  to  be  paid 23     16     

to  establish  colored  schools ;  when    24     17  39 

to  keep ' flags  on.  schoolhouses 108      

to  make  report  to  secretary  of  board  of  education 26     20  42 

not  to  employ  a  teacher  who  has  not  attended  institute 38     30  8^ 

to  see  that  school  houses  are  kept  clean  and  fires  made 45     32  85 

not  to  be  interested  in  contracts 46     34  .... 

may  order  schools  to  begin  any  month 52     41  .... 

not  to  act  as  agents  64     57  120 

TUITION 

tuition  pupils    ! .  16     10      

rate  of,  to  whom  paid  and  how  applied 16     10  19 

of  transfer  pupils    19     12  23-26 

UNION   SCHOOLS 

how  established  46     34  87 

title  to  property  of,  how  vested 46     34  .... 

colored 24     17  .... 

UNIVERSITY,    THE   WEST   VIRGINIA 

establishment  and  name  of 79  76,77  .... 

the  board  of  regents  of,  duties 79     78  .... 

graduation   of   students    82     85  .... 

general  regulations  pertaining  to 80     80  .... 

departments    in,   how   established    80     79  .... 

preparatory  department  of,  may  be  established 81     81  .... 

cadets,  how  admitted  to   81     82 

endowment  fund  of,  how  invested  82     86  .... 

VACANCIES 

in  office  of  trustee,  how  filled 11       5  .... 

in  board  of  education  ;  how  filled 11       5  2 

in  office  of  county  superintendent,  how  filled 10,  62     53 

in  board  of  examiners   32     27  .... 

in    State   board    of   examiners 40     29a  .... 

in  county  school  book  board 65     58  .... 

in  board  of  regents  of  University 80     78  .... 

in  board  of  regents  of  Schools  for  Deaf  and  Blind 90     98a 

in  board  of  directors  of  Reform  School 97  98c  .... 

in  office  of  president  of  board 10      ..  2 

WEST  VIRGINIA  REFORM  SCHOOL 

establishment  and  object  of 97  98c      

how  inmates  are  admitted  to 98  98c  .... 

board  of  directors  of   97  98c  .... 

WEST   VIRGINIA   COLORED   INSTITUTE 

how  and  under  what  provisions  established 93  9Sb  .... 

name  and  location  of   95  98b  .... 

board  of  regents  of   95  98b      

buildings  and  appropriations  for   97  983»  .... 


INDEX  143 

WEST   VIRGINIA   SCHOOLS*  FOR   DKAF   AND  BLIND  .   OPN. 

name  of   80  98a      .... 

board  of  regents  of 89  98«      .... 

duties  of  principal   of 00  08a      .... 

general  regulations  and  provisions  for 01  -93  98a      .... 

duties  of  county  officers  in  respect  to 93  98a      .... 

WHEELING,  CITY  OF 

free  schools  of.  not  affected  by  general  law 78     75      .... 

superintendent  of,  qualifications  of 7*     75       141 

YEAR 

(See  School  Year.) 
(See  also  Calendar.) 


NOTE. — Line  6  from  the  bottom  page  20  should  read :  "month  has  been  less  than 
thirty-five  per  cent,  of  the" 


VC  06580 


UNIVERSITY  OF  CAUFORNIA  LIBRARY 


